The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-07
MUST PAY 100000
Mehaffey's Sentence Com
muted to a Fine.
Had Been Respited Uatl Yesterday; Now Coy
ernOr Says He Shall Pay So. 900 Into
Ca'awba School Fund.

The Governor yesterday commuted the
sentence of ]. T. Mehaffey, of Catawba
county. to a fine of $4,000, to go into the
public school fund of that county
Mehaffey is the farmer who was con-
victed of assault with criminal intent
upon fourteen-year- girl employed by
him to pick cotton. He was tried at the
February term of the Catawba court and
sentenced TO seven years in the peniten-
tiary. Civil suit for damages also went
against him, the jury awarding the father
Of the girl $500.
The criminal case was appealed to the
Supreme court, which affirmed the judg-
ment of the lower court. Justice Douglass
dissenting
Mehaffey on May %, was respited until
yesterday.
The Governors reasons for the COM
mutation are as follows:
1.-THE sentence in this case is COMMITTED
to the payment of fine of $4,000. / am
satisfied after a careful examination OF
all the evidence in this case, some of
which the jury did not have, that the
prisoner is not guilty of the offense fer
which he stands convicted. Justice Mont
gomery in a concurring opinion when the
case was in the Supreme court, said: i
feel constrained to say that the evidence.
In my opinion, did not Justify the verdict.
Justice Douglas, in a dissenting opinion
uses this language: He was clearly guilty.
of an aggravated assault and should be
punished accordingly, but he should not
be subjected to the terrible consequences
OF so heinous crime as that of which
ho has hrnx. -, q
voters of Catawba county have requested
an absolute pardon of the prisoner, put
ting their request upon the ground that
be was not guilty of the crime charged.
The jury who convicted him petitioneG
for his pardon on the ground of mercy.
THE Solicitor for the State writes:
While prosecuted Mehaffey had all the
time the greatest doubt about his guilt
and believe the jury might well have re-
turned a verdict for simple assault He
requests me to pardon Mehaffey. The
editors of the county, including the editor
pardon. Fifteen ministers of the gospel
Join in this request. Two-thirds of the
white voters of the county have asked
for an absolute pardon.
The prisoner was sued for damages by
the father of the girl and a verdict against
him for $500, which he has already paid.
The verdict in the civil suit strongly tends
to convince me that the prisoner is not
guilty. OF the crime charged against him,
FOR it is certain that no Catawba county
jury would have put the damage so low
as $500, If it believed Mehaffey guilty OF
the crime charged. While the prisoner
was not guilty of the crime of which he
was convicted. he was guilty of grievous
moral wrong and of a lesser crime for
which he might have been convicted and
punished. He deserves severe punishment.
] cannot. therefore, accede to the re-
quest of those who ask for pardon. In
viep of the whole case / believe that the
infection of fine of 50 900, which will
go into the public school fund of Catawha
county, viii meet the ends of justice. and
enforce the law with severity. and extend
to the prisoner such mercy as ought to
lead him in the future to be a better
citizen"