The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-07-17
FRIDAY. JULY ID.
COMMUTATION OF NEHEfF FL >
SENTENCE.

SENTENCE.
The StatesviIIe Landmark prints a
three column editorial reviewing the
Meheffey case and criticising the gov
ernor for committing the sentence from
seven years in the penitentiary to q
fine of three thousand dollars. When
the editor OF The Landmark heard OF
the governors action he wrote TO Judge
Long, who presided at the trial OF Me-
heffey. asking him if ne had recon-
mended communication of the sentence.
Judge Long replied as follows:
I'm answer to your inquiries [ have
TO say. that the circumstances under
which Mr.. Neheffey was convicted IN
the two several cases IN CataWpa VIII
anpear in the records of the cases IN
Newton. AS to my action since the
trials. | have neither recommended ms
pardon, Communication or reprleNe. NO
publication was made TO be IN reSdIu
thereto, except one OF MS attorneys
asked me over the phone ABOUT the
first instant to recommend ms paruoiI'
7 did not do so. | tried to make plain
TO him my position. namely: mat as
the mower to grant communications anu
rdO was vested IN the SONerlloI' l
did not deem it necessary nor courteous
for the trial judge to lnteTpoSe MS JPN
ions after the trial, to influence th6
axacI1tive i'm the exercise of ms IaWIul
discretion unless the express
ed a desire for such Opinions, OF uIllo9o
7 had possession OF facts ana clrculI
stances. different from those elIclleu
at the trial, which imposed upon me d
moral obligation to theIil
To the Governor. In the absence OF poIh
these contingencies. l did not coIll1luhi-
cato with the governor about the Ih@t
ter" ror
Tba ndm thinks it clear from
This letter that Judge Long thought the
defendant guilty and that no 1acIs
have come TO his knowledge since ule
trial to cause him TO change that oPll
ion and hat if the governor had dSh
ed his views he would have advised
AGAINST the sentence.
with all of the above we must say
ua agree. Judge Long would harulS
have ImpOsed SO severe a sentence upol
Meheffev if he thought ne was Aot
gniIty of the crime charged against
him Int he would either have granted
his motion for a new trial on the 8rouiu
that the verdict was against Ihe
weight of evidence or would nave I'LL
rosad = much lighter sentenceDone
commensurate with the offence OF
simple assault. Judge Long VINO pre-
sided at the trials, witnessed all the
proceedings and heard all the evidence
was surely better qualified then the
governor. who judged the ease upon
the showing made before him by the
defendant. even If that statement con-
tanned a copy of the evidence IN the
case. to come to a correct opinion OF
the defendants guilt or innocence, n
he seems to have been at the time
of the trial and still TO be convinced OF
his guilt.
Does not a judge stultify himself who
joins in an application for the pardon
on reduction of the sentence OF a man
after ne has presided over the latter's
trial refused him a new trial upon
convection and imposed 4 sentence he
thought commensurate with the offence
OF which the jury. under his rulings
ma declared the defendant guilty? l.
looks that way to us. unless the SEN
teuce he imposed was the minimum
one prescribed by the law and he
thought il too severe under the cir
cumstauces in that particular case. or
unless evidence convincing him of the
defendants innocence a come TO his
knowledge after the trial. None OF
these circumstances existed in this case
an Judge Long was perfectly right in
having nothing to 30 with the applica-
tiOn 10 the governor
The Landmark closes its editorial
with the following.
This case has been closed Nothing
We can say a change il. What Is here
in said Is not through prejudice toward
Meheffey. whom We do not know and
OF whom We never heard until this ease
was tried nor through iIl-feeling to-
ward the governor. whom We respect a.
our chief executive, but in the interest
of what We believe u be justice and
right.
lis crime on the increase? Why CON-
plain of the courts? If the courts do
their duty. as they do IT times. nave
We IN assurance that their judgments
Will be allowed to stand? The action
of the governor in the Meheffey case
and in the MurrOw case from GuiIfur,i.
which was worse answer What avaIlS
it il the courts convict nd punish men
and the governor turns them loose
"