The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1902-02-25

Interference Was Refused IN All the
Other Cases.
SENTIMENT IS nlWD,D IN ASheVills
Tho Governors Reasons in full For His Action
How Johnson and Foster Took the he
suit. Gates and Nils Are
Here Now.

Here Now.
covamor Aycock yesterday settled the
cases Of the six men sentenced 20 -
hung next Wednesday. February -"'"
As q result. two OF the Emma burglars
\ s Gates and Harry Mills. get me
IN the .penitentiary. Gates Is
a white man. and Mills a negro in'
other two. Johnson and Foster, Will hang.
aa will also Andrew Jackson. at Lincoln
TON and John Henry Rose, at wilson. II
all n, the cases except those OF Gates ana
Mills the Governor merely refused 10 IN
.erfere with the course OF the law.
A number Of prominent citizens recon-
nendcd Communication OF the sentences o.
Gates and Mills, and 1t was shown III tue
evidence that they took no active part in
tho burglary. Moreover. the jury at the
trial asked the court il they could IND
Gates and Mills guilty OF a lesser offence
then the other two. 1t will be remern-
bered that the Supreme court was di-
vided when their opinion was rendered
in the matter of q new trial. Justice
Douglass dissenting in favor OF another
trial.
special from Wilson last night
stated that the Governor had telegraph
ed to Sheriff Sharp, saying that the law
would be allowed to take it's course III
Roses case. This will be the first hang
ing In Wilson for over thirty years.
Oates and Mills were secretly X to
the early morning train at Biltmore yes
terday and brought TO the p~enitentiary
here. When the Governors letter.
stating that no clemency need b hoped
for Johnson and Foster. was read to the
condemned men. Johnson remarked:
This thing settles me-" The men were
not depressed, and ate a hearty break
fast.
Public sentiment in Asheville is said
10 be divided on the Governors action.
The Governors reasons for committing
the sentences OF Gates and Mills are as
follows:
CASE OF r. S. GATES.
THE death sentence in this case as to
r. S.. Gates is to Imprisonment
in the States Prison at hard labor for
life. The communication Is recommended
by Governor Mcmillan, of Tennessee. and
hundreds of citizens Of Cooke county,
Tennessee, who have known the prisoner
from childhood, and who certify that up
to Z short time before this occurrence
he had borne a good character. The
Seh "AiiS - III
communication Is also recommended by
Col. Thos. f. Davidson, Judge James H.
Merrimon, and many Other reputable
citizens Of BuncOmbe county. He did not
enter the store which was robbed, and
there is evidence tending to show that he
did not even go to the store. He GER
tainly did not fire n single shot al the
occupant of the store. One OF the pris-
OneIs, who entered the store testifes
that both Gates and Mills turned back
before reaching the store. The jury.
however. found that both Gates and Mills
went to the store and part icipated in the
urglary as they must have found before
nnding them guilty Of burglary in the
lrst degree, but IL is made to appear
TO me that the Jury themselves after
taxing the case returned to the court and
inquired whether or not, if they found
Foster and Johnson guilty of burglary In
the first degree, could they then find
Gates and Mills guilty Of burglary in a
lesser degree. The court instructed them
that II Gates and Mills were guilty at
all and Foster and Johnson were guilty
IN the first degree, Gates and Mills were
likewise guilty III the first degree. This
inquiry on the part OF the jury indicated
the desire to find Gates and Mills guilty
OF a lesser offence han the two who
entered he house and did the SHOOTING
The two VINO entered the house ,yora
badly wounded. while Gates and Mile
We're In no way injured and could have
made their escape, but instead of caring
for themselves they showed a touch =,
umanity In sacrificing their own chance
or escape by attending to the wounded
men. ! am, therefore. of the oni,ion
that the execution Of the two p.bo a.
tually entered the house, and the imnr;s
on1nent for life Of Gates and IN ,s
sufficient example, and will have al, ~
effect which the execution of al forr
would have. The State, like in~djviaua1.
can only afford TO take life in cole ~
fence and will never punish ~, i,
revenge
CASE OF HARRY MILLS ,
The death sentence in this case oe..l
harry Mills, Is committed 10 imnriso,
i'ient III Tue states Prison at Hard labor !
iof lite. The communication is ,aoo,,
nienaec by Col. Ihco. r. Davidson Iud.o
James ii. Merrimon. and nanv o,her 20
putabie citizens OF Buncombe COUNT IN
iflsonc: IS d young negro. He did w.
enter the store which was rohbaa 80
,hete Is evidence tending to show ,ha.
o uiu not even go 70 the store. One ~
Inc prisoners who entered The store 800.
hcti that both Gates and ATM