The Birmingham age-herald., 1904-09-10
PATHETIC SIDE IF
 PARDONING CASES Much Pressure is Brought to
 Bear on Governor HE NEW EVIDENCE" PLEA Executive Refuses to Interfere in the Cases of Toney Jones and Andrew
 Burton-Papers Filed In
 Lusk Te Case.
HE NEW EVIDENCE" PLEA
BY HERvLY ". LAIRD.

Montgomery. September 9.-(Special) There has been today at the state pi- tol division of the worry and trouble those who have violated the laws of the state. On one side of the hall the acting governor has been having pathetic re- captions for two or three days from the mother and brother of Toney Jones, who was hung in the jail yard at noon, and the other side the board of pardons, made up of Attorney General Massey Wilson, Secretary of State E. R. MeDavd and State Auditor Thomas L.. Sowell This board can only advise the governor whose say is the last. He can consider what they recommend or let it alone his de- termination is the last court
 Efforts have been brought to bear on the acting governor for several days to reprieye Toney Jones, the pressure com ing from his old white turbaned mother and brother on one side, and the court officials on the other. It is needless to say why the old mother was solcitous; the others wanted his evidence to con vict another man. Much as the govern or sympathized with the old black mann my he could do nothing for her son. He refused to consider the other plea as of enough importance to stay the execu- tion.
 Use Many Ruses.
 People who have pardon pleas to make are becoming rather cute in their plans if the term may be used. When their case Is hopeless one they wait until the last moment almost and chen ask the governor and pardoning board to hold up the execution on the ground of dis covery of new evidence. This is, on it's lace, a very strong argument, and quite often proves effective. So often in re- cent years, however, it has been present. ed only to prove fallacious when sifted down that governors are becoming quite chary about it.
 This, with other pressure was brought to bear on the gove. nor today to hold up the execution of Andrew Burton in Calhoun county. Even so late as this morning an effort to have the hanging postponed met defeat in the office of the chief executive.
 There is a pathetic side to the business of pardoning or refusing to pardon crim- inals that often makes tears come to the eyes Of even the most hardened dealers With the breakers of the laws Some time since woman came to the capitol and prayed the governor and members of the pardoning board for the release of her husband. She had two ragged little chl- dren with her and said she had uot been able to get them food sufficient for a. long time. The little fellows looked like they were hungry, too One of the mem bers of the pardonng board went out and talked to the poor woman, and after learning of her destitute condition, gave her some money and induced others to do so. Her husband was paroed it may be said, but because he had been punished enough, not as a result of her tears.
 At It's session today the pardoning board did not recommend a single pardon.
 May Abolish Lease.
 The right of the city of Montgomery to hire its convicts to farmers outside of the city limits is very likely to be brought into question in the case Of Annise Tuck CT, negro girl, who has teen hired to a farmer She escaped and went to Atlanta. Later she was brought back without hav- ing requisition papers, 1t is said, and now her lawyer threatens to bring action on the grounds that the fourteenth amend ment of the constitution has been vio- lated. Acting on the advice of the city attorney the mayor has ordered the re-
 
 result in the abolishment of the lease to out-of-town holders of the negro women convicts of the city.
 Papers Are Recorded.
 The papers of the test case on the Lusk judiciary bill came in from Jeffer- son county this afternoon and have been properly recorded by the supreme court clerk. It Is quite likely the court will call a special term to take 1t up by the 20th inst. The style of the case. as 1t goes on the supreme court records, is the board of revenue of Jefferson county ys E. c. Crow.
 The following minor appointments have been made by the governor: Charles H. Hesse, commissioner of deeds for Ala bama at Baltimore; A, G. Chandron jus tiee of the peace, Flomaton; A R. Per kins, notary public and justice of the peace, Guntersville; L. A. Freeman F. M. Love, A. A. Vines, Birmingham; P. w. Stewart, Selma; J. H. Parker, Bear Creek. notaries public.
 Cotton Company Suspended.
 By assignment of the American Cot ton company Of New York the Alabama and Georgia Cotton Products company. with headquarters here have suspended temporarily. Manager w. E.. Hooker ex- poets to be open by Monday. This is the round bale concern.