The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-10-19
mY HAYES WILL hot HANG.

&z@8 u e1o&t 1S eesAoe. ~
Goyernor Hayward commutes
Sentence 10 Lite Imprisonment.
Columbia, Oct. l5.-Hoyt Hayes
not be hanged. Gov. heywaro
has commuted his sentence TO iIIe 1H-
snrisonment IN the State penisentiary.
phis action was based principally on
5na decision OF an eXpsrt examiner OF
uuestioned handwritin. Hayes bad
beer convicted OF having killed ms
yr;;ssa. and the evidence was purely c1r-
f:Y,Ysstantial, with nothing to show
sr,osiye. and Cor that reason 1t appeal
"a to the governor that there mlgnS
81 canse for doubt; the statement or
she EXPERT Increases that feeling OF
don bt 60 such an extent that Gov. hey
ysr,ard IS unwisling to see the man suffer
fshs aeash penalty. On the other hand
ne does not grant al unconolesoaat
nardon for the reasort that snere are
many Circumstance urEavoTable 90 sne
accused that a comlnutasloE OF sen
lance seems to him to be the only al
ssraative.
Ia making the announcement last
nicsas Gov. Eeyward said: me pa
yssSs ID this case we're Submitted to me
zisouE three weeks ago and Following
nv z,sual custom referred them TO
sslse trial Judge and solicitor IN order
% ser their aid in passiag upon the
pesssaon. !;
Solicitor Boggs said Defendant
sentenced to be ha19sed on Oct. Il.
S9z concur with the circuit and
supreme courts.
Tndee Dantxlera maae the follow
ityu report The testimony in his case
having beea printed aald presented TO
yssnr excellency Sgr nsideration, 4
respectfully reGaru pstitions without
expressing an epinloR or n,aklDgfa re-
cssfnnlendation, leaving it to yonr ex-
cAileueY to reach q gust conclusion
from the consaderstie,n OF such testl-
money.
then carefnEEy read the testi-
s.n0nya and Z examined the written ex-
ihipsfs used on trial The evidence
MAS entirely circums;antial, the de-
asndant aHd his wife being alone at
thes time OF her death.
Tbe State failed 10 show any mo-
SSye FOR the crime. The defense re-:
! lied 1pcn the theory that the deceased
.orrnnaited suicide and note was pro-
daced, claimed by the defense to be
in her hand WRITING. This note reads
rs follows.
% - 81 LULA.
ss am treated well by Hoyt but /
ssad rather die than 10 have the pain
md sickness Of motherhood, there
fore write TO let you know I did it. -
The State claims that this note
VAS forgery by defendant, produced
IN him ia order to furnish the foan-
Glaticn OF q dsfenses
The question then !. who wrote this
note, was most material cIrcum-
stance to be cecside red IN this case
Tessimony,cf local experts was had sc
tae trial, the preponaeraEce OF such
aFidence being IN, favor of the gen1-
sT,enesso the paper. Realizing this
10 Be 8 most material point in the
ssass Z SAINT all the written exhibits
used on trial to MT. David N Carvaiho
of NemY ork. the most promaneas expert
examiner OF questioned handwriting,
inks ard Iapape.,in AmerIca, with the
reoEess that he render an opIRion.
After keeping the papers several Gays
returned them with his report
g Mr.. Garyalho is entirely dissltee-
ested and while his opinion was not
Sssted by examination in court, it
shows that the State may have erred
m charging the defendant gaSh
forgery. In nrder to coaceale his crime.
This presents case where there is a
strong ssibiiisy that the circum-
stancs now showing the defendants
puilt nav. IN the future, be explain
81 away. L cannot bring myself TO
aushorize the inhiction o. the death
sentence, which would now and for
ever prevent any correction OF the
mistake. should these Circumstances
be explained.
ssTbe exercise OF the pardoning
power can be governed by no infiexi-
Bile rule Z have been governed by q
sense of grave responsibility IN this
matter 10 both the State and myself. =
Gov. Heyward stated last night that
he had received petition signed by
about l,0t@ people asking for execu-
Eiye clemencg and another petition;
sirped by about half that number
Urging hisn to let the verdict and the
sentence Stand. Great pressure had
been broaht so bear 10 have the man
hanged and on account of the presa-
7ence OF lawiessness I'M the State one
writer had urged him to let thesacccus-
ed be banged even if he were not
guilty
gisnop smifa Spoke on Divorce.
1r na4 10 Ona Of tho