The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-01-07
The PARDON OF S. /. MCINTOSH.
The Action of Gov. Mcsweeney
Criticised by Mr. Graydon.

GfttlC!S0u By sfst. 0idVuoi!.
Hon. Ellis G. Graydon, of Green
wood, who assisted Solicitor Boggs
in the trial of the Mcintosh case at
Greenwood last summer, has written
to the Columbia State the following
criticism of Governor McSweeney's ac-
tion in granting Mcintosh pardon
To the Editor of The State.
Tho action of Governor McSweeney
in pardoning S. A. Mcintosh is so un-
usual as to call for some comment
from those who are in a position to
know the facts. I assisted the solici
tor in the prosecution Of that case and
ought to know something about it. Of
course, We are prone to look at things
from our point of view.
There were only four persons pres
ent when George Mckinney was killed
by Mcintosh, the deceased, the defen-
dant, Rufus Mckinney, a son of the
deceased, and Jack Haskell, black
negro of Infamous character, who went
with Mcintosh TO the home of Rufus
Mckinney, where George Mckinney
was killed. Jack Haskell, on whose
testimony the governor seems so much
60 rely, was shown to have sworn
falsefy by the testimony Of disinterest-
ed witnesses OF high character.
McTntosh's testimony was very much
confused. He did not seem to remem-
Der much that was said Or done. In
fact, it seems that he was under the
influence Of liquor. Rufus McKin-
ney's testimony made out clear case
Of murder.
Mcintosh s declaration that he went
to Rufus McKinney's house to do
what he did, the fact that he and
Haskell left George Mckinney dying
and that he fed from The State, seem
ed to corroborate Rufus McKinney's
statement Of the affair. Mcintosh was
first tried at Abbeville, and the result
was mistriaI. It is understood that
the jury stood ten for guilty of murder
with recommendation 60 mercy and
two for manslaughter. He then made
motion for change of venue, which
was granted, although men from al
most every section Of Abbeville Coun-
ty sWore in open court that they be-
IieFed he could get fair trial there.
Governor MeSWeeney pardoned him
without asking the advice of the solici-
tor. Mr.. Boggs told me last Monday
that the had not been consulted, and
thought of course he would be, es-
pecially as there was an appeal pend
ing.
Now, let us see what manner of men
the two we're. George Mckinney was
an honest, industrious, peaceable man.
No higher tribute was ever paid to a
man in our courts than McIntosh's at
torney paid him on the trial Of Nc
Intosh. He was shot down like dog
at his sons home, and his slayer gets
off with the punishment Of staying in
Jail only two or three days. What
about Mcintosh? In about 1891 or
l8s2she killed his friend, Newby, at
lis (McIntosh's) breakfast table. On
his first trial he pleaded insanity.
Result, conviction Of murder and a
sentence to be hanged. He appealed
to the supreme court, which granted
him a new trial On the second trial
he pleaded self-defense. Result, con-
yiction of manslaughter and SEN
tenee of five years in the State peni-
tentary.
In a short time, think about year
and half, Governor Tillman, whose
wife ;s first cousin of his wife, par
doned him. I have heard that this
pardon was 30 continue in force only
so long as he behaved himself. ] do
not know that to be fact. In a few
years after he got out he came near
killing respectable merchant at Bor-
deaux for fancied insult. Then came
the killing of Mckinney. Since he
has been out on bail pending his ap-
peal be came near killing young man
by the name Of Sanders. The magis-
trate at Mccormick consulted me to
know what to do, and I advised him
to Issue mis- warrant and have Nc
Intosh committed to jail for breach of
his bond. That was not done, and I
am Informed that the reason for it was
that Mclntosh's friends promised to
look after him and see that the like
should not occur again.
The people Of Bordeaux and vicinity
in Abbeyille county are surely devout-
" thankful that the pardon is coupled
with the condition that Mcintosh is to
leave the State. May God help the
community in which he concludes to
stay!
ana not one of those who are in
cined to criticise the governor for too
free use Of the pardoning power.
There, are, doubtless, many persons
who have been Sufficiently punished
and ought to be pardoIed. But it
seems to me that to pardon such man
as Mcintosh, without consulting the
solicitor or hearing the other side at
all, is an abuse of the parponing
power, which cannot be too severely
condemned, and / am informed that
all the good people of Mcintosh neigh
borhod, who know him well and know
all the facts of this case, are of the
same opinion. Ellis G. Graydon.
Greenwood, S. c., Dec. 81, 1902.
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