The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-03-14
WILL NOT HANG
Andrew Jackson's Sentence
COMMITTED.

ine governor yesterday commuted tba
sentence Oh Andrew Jackson. of Lincoln
eouhty, 10 life imprisonment. Jackson
"aa 'rled at the September term of Lin
court, 1901, found guilty of burglary
III the hrst degree. and sentenced 70 he
executed On February oath Govarpor
Aycock granted jackson a respita nntil
March goth. Pi'e until
Inc reasons assigned by the Governor
LOT committing the sentence are as fol
lows 90 loi-
me death sentence imposed upon the
prisoner is committed to imprisonment Of
nai razor Tor life in the States Prison
me crime for which the prisoner was
convicted was most atOcious and If II
were certain that the prisoner iS ouiIty
ne ought to suffer the extreme penaltv
Oh the law. Since the trial o.
the case evidence not submitted IN +bo
jury has been laid before me which ror,
ders the guilt of the prisoner MOI
ter OF grave doubt On the trial
the witnesses for the State testified tbot
jackson, who al that time lived in coe
ney, South Carolina. was awav fro,,, -
town on Saturday, June End and sunday
on the night of June End. This wit
ness stated That his reason for knowing
'n"' II was June Ind when Jackson was
aDSenI was that the cotton mills in which
nc WORKED We're closed down on June
ciN LOT the celebration of the Battle of
Oo"pehs. This evidence went to the iurv
uhcohtradlcted save by one witness. Since
the trlai the bookkeeper of the Gaffnev
Aeuser' newspaper published at Gaff-
hey' south Carolina, files an affidavit with
me IN which he swearS that the Battle NJ
CoWpens was celebrated on Saturday the
Zoth day of May and not on the 2nd of
June. Mr.. W. NJ. Webb. pavmaster Of tho
GaHney Manufacturing COMPANY at Gaff
hey, South Carolina, also files an affidavit
showing that the Gaffney mills were NOT
closed down on June End. The prisoner
was unable to employ counsel and whom
the court assigned counsel to him he
stated to his counsel that he could sbor,
MS presence in Gaffney on June 2nd and
ora II he could secure the evidence of
beauregard Glenn and his family with
whom ne boarded and also of one White
whose gwen name he did not remember
IIehn mad left Gaffney and the LAWYERS of
jackson were unable to. trace his where
aooutS, so that when the trial came nm
THESE witnesses had not been found Dur-
ing the progress of the trial it was ascer.
tanned that Glenn and his family lived
IN cleveland county, North Carolina. Sub-
poenas were at once issued for them and
the sheriff of that county served tho
subpoenas. The witnesses refused tn at
tend for want of money with which IN nav
their fare to Lincolnton This fact heino
reported to his attorneys they requested
the sheriff of Cleveland to nav tho foroa
OF the witnesses which would be refunded
TO him' The sheriff paid the fare of Beau
regard Glenn and sent him to Lincolnton
anu ne alone testified as to the presence
Vi jackson at Gaffney on June End and
oIu' swearing That Jackson came to his
mouse 10 board sometime about the middle
OF May and remained there until June
Ilth without missing single meal At
the trlal Glenn's evidence was not sun
ported by any other witness. Since the
trial aftdavits have been filed with me-
by Junius White, Mrs. s. d. Glenn. Miss
Sallie Glenn and Willie Glenn. all of whom
swear that Jackson was in Gaffnev on
saturday. June End and Sunday. June
3rd the last three swearing that he did
not miss meal at their table from the
middle of May to June 18th. Affidavits
are also filed before me which prove the
good character of Junius White and Mrs
Glenn. 1t is entirely possible, not to say
probable, that this evidence. if heard
by the jury would have changed their
verdict 1t is a misfortune that our law
is in such shape that the Supreme court
while granting new trials in civil suits
Tor newly discovered evidence will not do
so IN criminal cases. The Governor has
no means by which he can determine
of newly discovered evidence.
A new trial of the prisoner by means
OF which the jury could have the benefit
OF all the facts as they now appear can
not be had. The evidence laid before me
may or may not be true | have not
seen and cannot see the witnesses but I
cannot take the responsibility of saving
that the new evidence is false when this
decision would result in the death of a
human being. Five witnesses, two of
whom are shown to be of good character.
1t impossible for the prisoner to be guilty.
These witnesses cannot be mistaken They
have either sworn falsely or the prisoner
is not guilty. The witnesses for the State
may be mistaken. No one in the house
claims to have recognized the
burglar. The evidence is circumstartial.
In view of all these facts l deem it nv
duty to commute the prisoners sentence
to Imprisonment in the penitentiary for
life at hard labor Many people who
heard the trial and numbers who have
been informed of the facts have recon-
nended his Communication"