The Montgomery advertiser., 1902-03-02

law and of bitter ,ss, hatred to the road overseers, going to~the extent of fragrant disobedierce and avowed threats of per- sonal violence to such overseers and to force them to abandon the discharge of their duty. Under the decisions of the courts. the character of the defendant as that of a. Quarrelsome, dangerous, des- perate and blood-thirsty man could not be shown in evidence by the State, unless his character was first put in evidence by the defendant himself. The defend- ant and his counsel studiously and pur- posely avoided putting his character in these respects in issue. The evidence, be. fore the Board was overwhelming to the effect that the general character of Luke Sanders, the petitioner, was that of a quarrelsome, turbulent. defiant, daring. reckless. desperate and blood-thirsty man; whilst the character of the deceased was that of peaceable, kind. jovial, good-natured. yet brave and impulsive man.
 The weight of the evidence further showed that at the time the petitioner. Luke Sanders, fired the ftal shot the deceased was wounded and had left the place of combat with the brother of pe- titioHer and his co-defendant and co-con- spirator. having stepped backward and sidewise from him. both having exhaust ed their pistol shots, or rather the last cartridge in each of their pistols having been snapped and failed to fire, and that his hands were down by his side, and when petitioner was firing on him he asked him not to shoot him any more. and that petitioner fired two of the fatal shots when the back of deceased was to- wards him, thus manifesting a relentless spirit of revenge and a deliberate inten- ton to slay the deceased after the com- bat between his brother and deceased had terminated, and when he was in no peril, or fear of harm, from the de- ceased.
 'sThe statement of the learned, consci- entious, just minded and justice-loving judge presiding on the trial. and of the able and fair-mnded solicitor of the | State and the many affidavits of the leading citizens of the county, conclusive | ly show that the jury was composed of | the best. most considerate, conscientious, l law abiding and law-respecting men, and that their minds and hearts were free from prejudice and passion, and that the trial was in every respect fair and im- partial; and the decision and opinion of the Supreme Court on appeal show that no error was committed in the rulings of the court on this trial Under our system of jurisprudence, the jury Is the sole ar- bitter of the degree of the homicide and the punishment to be awarded; and to the presiding judge alone Is confided the de- termination of the questions to the fair ness and justice of the verdict. and whether the same should stand or a new trial granted, and the motion for a new trial was considered and refused by this learned, experienced and upright judge
 This judge and this solicitor, and all these good and representative citizens. state that in their honest Judgment and belief the verdict. of the jury was in all things just and right and protest against the commutation of the death sentence to life Imprisonment, and that such action would be menace to law. order and the security of life and property in that com munity.
 ''we, therefore, with full realization of the solemnity of the responsibility. are constrained to recommend that the com mutation of the death penalty be not granted, and that the sentence of death fixed by the verdict of the jury and the judgments of the courts of the land be in all things duly executed according to the mandates of the law.
 "Charles G. Brown Attorney-General.
 'T. l.. Sowell. Auditor"
 The endorsement of the Governor upon the application for executive clemency is as follows:
 "I have patiently and carefully read the record furnished the Supreme Court in this case; have heard the arguments for and against a commutation; I have also read statement by Judge Moore. the trial judge. which was furnished at my request. The judge writes that the trial was a fair and impartial one and the verdict not contrary to the law and the evidence. He thinks the verdict and the sentence should stand