The Montgomery advertiser., 1902-03-02
LUKE SANDERS. TO BE HANGED Executive Clemency Re- fused by Governor. HE KILLED A WHITE MAN Execution Will Occur at Marion Next Thursday. Every Justice of Supreme Court Ask ed for Communication, But Trial Judge and Solicitor Request
 ed Board Not to Interfere.
 

Notwithstanding an appeal for com mutation of the sentence by the Justices of the State Supreme Court and the earnest efforts of his lawyer, Judge B. M. Allen of Birmingham, Luke Sanders. Perry County negro condemned to death for the murder of William Mullins. a white man will be hanged at Marion Thursday. This was settled yesterday when Governor Jelks announced that he had declined to further interfere with the sentence of the court
 William Mullins was a road overseer in Perry County. Three years ago Luke Sanders and his brother while engaged in working the road near Hamburg be- came involved in a dispute with Mullins. The brother of Sanders had pistol duel with Mullins and Luke Sanders shot Mullins and killed him. The negro escaped and for two years was fugitive. About a year ago. he was arrested, lndict- ed and convicted of murder. He pleaded Justification for his crime. but the jury fixed his punishment at death. The trial took place before Judge John Moore of the Fourth Judicial Circuit.
 The case was appealed to the Supreme Court the bill of exceptions setting forth numerous errors. The Supreme Court affirmed the decision of the lower court as to IHc leSdl CUTISCtucSS OL thO tdSC but the justices joined in an appeal to Governor Jelks to commute the sentence of the negro to life Imprisonment on the ground that the record showed that there was doubt of the negro being. guilty of wilful and premeditated murder.
 Sanders was condemned to be hanged in February, but Governor Jelks granted him a respite until March 9th to give the State Pardoning Board time to investi- gate the case.
 Last week the Sanders case was argued at length before the Pardoning Board by Judge B. M. Allen of Birmingham representing the negro and Judge J. Il. Stewart and w. M. Fowlkes of Marion representing the friends and relatives of Mullins. who was murdered.
 The Pardoning Board took the case under consideration and the following opinion was transmitted to Governor Jelks yesterday. It is understood that Hon. R. P. McDavid, Secretary of State and a member of the Board dissented from the opinion of his associates. Il will be observed that he does not sign tho opinion:
 This matter has received the serious and deliberate consideration of the Board | both for the reason that the extreme | penalty of the law has been inflicted b! | the verdict of the jury and the judgmen of the court. and the exalted character and most commendable spirit of those recommending this communication of thu death sentence. The petitioner was rep resented by able and earnest counsel. and the State and citizens of Perry County by learned counsel who are representatives of the best and most conservative ele. mnts of this law abiding and law respect ing community. The application was mainly based upon the record before the appellate court which, it was contended, showed that the death penalty should not be inflicted upon petitioner.
 Tt is true that the deceased was not blameless in this terrible homicide-that he was aggressive and was not governed by that caution. and solely defensive spirit of the criminal law must be ad- mltted. Yet. notwithstanding his con- duct in this deadly combat, the evidence before the Board demonstrated an equally lawless and homicidal spirit on the part of the petitioner and convinced the Board that he and his brother. Sco-defendant. were willing and anxious to engage in the deadly combat, and that they and others conspired to resist the authority of the deceased as overseer of the public roads who alone had charge of these de- fendants and. twenty-six others of their race in the working of certain public roads in said county. and to irritate and provoke him by defiant disobedience and insulting demeanor and actions to resort to a deadly combat. for which they had deliberately armed themselves with deadly weapons and in which they were both ready, willing and eager to engage. or fail in the discharge of his duty and submit to most wilful insubordination. The record before the Supreme Court furnishes evidence of this conspiracy as shown by the opinion of the court in this case; and the additional evidence before the Board enforced this belief beyond a reasonable doubt. It was further shown to the satisfaction of the Board that the special road law of this county was obnoxious to these road hands. and that there prevailed a spirit of resistance to the enforcement of this