The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1905-10-13

SERVED OVER A YEAR
Ia the ~Penitentiary, and Was Pardoned
on Wednesday by Governor Hey.
ward. They Were Convicted
of a Crime Which They
Did Not Commit.
Did Not Commit.

Did Not Commit.
Convinced that three innocent men
have been serving q sentence in the
State prison for a crime committed in
a town in which they claim they had
never been, Gov. Hayward Wednesday
issued a pardon setting at liberty II.
Cunningham, George II. Warning and
Leonard Hinkey. The three men
we're arrested Ia Smithleld, N. c., on
the nth OF March, 1904, we're taken
to Marion, s. O., and there, within
three weeks Of their arrest, were CON
victed OF having broken open and
robbed the bank and the postomae at
Latta, S. Q.
The State Says Gov Hayward has
had this matter under adyisemenb
since the first Of July. He submiste6
the case to Solicitor j. Monroe john
son and to Judge r. O. Watts, and
each OF these made an %uufavorable
report on the petition for pardon
But Gov. Hayward was convinced
that Innocent men were being pun
ished, and he authorized Mr.. III. t.:
Gregory, the postomoe inspector, 10
see Judge Watts in person aud to lay
before tue ldge the statement OF
facts which mad sc impressed Gov.
Hey ward.
This statement of facts, remarkable
as 1T may seem, Is to the effact that
two OF the parties actually guilty Of
completely In the Latta robbery have
been convicted OF that and other
crimes and are serving a sentence in
the federal prison in Atlanta, and a
third member of the really guilty
party will be tried In Lancaster next
week on the charge OF having robbed
q pLstonce at Heath Springs This
same party, John Fisher, alias "Con.
necticut Shorty" was arrested the
very day that Cunningham, Warning
and Hinkey were being tried In Ma.
rlon. The ground OF which InspecS5
tor Gregory recommended the pardon
Of these three men was not 80 much
that they had been falsely convicted,
as that others had been convicted, as
that others had been convicted Of the
same offence, one OF the party, now
In prison In Vermont; having confess.
ed to the whole affair and having tx
Onerated the three men In rrIson In
Columbia. This man, Mccarthy, did
not even recognize their photographs
when presented to him, but designat.
ed without hesitation the likenesscs
OF three afterwards convicted in
Charleston as his associates In the
sue )eSsiOn OF crimes in the neighbor-
ho0d OF Latta.
According to the statement OF Mr..
Gregory these men when convicted IN
Charleston, King aud Johnson, admit
ted that they had been the ones who
had robbed the bank and the ipostCii sc
at Latta. There has been no proof
to show that there were more than
the four men at Latta, namely Nc
CArthy, King, Johnson and "Sh)rty".
and the three mon who we're released
Wednesday deny Stnutly that they
were ever at Marion; Latta Or Dillon
before they were taken to Marion for
trial.
The prosecution was pushed by two
other inspectors, Mr.. II. j. G.. Pulai-
pher and Mr.. w. j. Marles. These
firmly believed the three men under
Indictment guilty and 1t was largely
through the tenacity OF the postoticc
inspectors that Cunningham and the
other two were convicted. But since
that time Inspector Pulsipher heard
the evidence which convicted John
son, King and RabenS in Charleston,
AID he IL now satisfied that the three
convicted in Marion are innocent.
UGder date Of O0tober lst, Mr.. Pul
sipher wrote q strong statement which
no doubt Influenced Judge Watts very
much in his determination to recCm-
mend to Gov. Hey ward that the three
mon be pardoned.
Wednesday Gov. Hayward received
A letter from Judge Watts cOmmuu!.
eating the fact that the trial judge
had changed his opinion as to til
guilt OF the parties, and the pardon
was issued Immediately. In his LEI ter
Judge Watts says: There is so mu3h
rea enable doubt In my mind that il |
were governor | would at nee pardon
Cunningham and the Others"
The pardon was turned over to $
reporter OF The state TO BE- handed to
the superintendent OF 6hc penitsntia
ry. Tue three MN were fouud at
heir daily routine. Hinkey Is the
Orly che OF the three who Is disposed
to be rebellious, and he has suff roi.
He was found in the Kitchen whore
he has been employed as help. Gun
ningham and Waring are painters
and were engaged In work on the nov
building for prisoners suffering with
Tuberculosis. Thair outdoor work in
the sunshine had givon them a better
color, but Htnkey has q pale, anaomic
look, and evidently IL not well. Gun
ningham Is limping as a result OF {,
recent fall.
Cunningham Is the most Intelligent
man Of the three. Waring is also q
; very intelligent workman, but not as
laxative az his companions.
III. E. Cunningham is 33 years cd q
native OF Petersburg, Va, a sigt
painter by trade, and a member OF
| the Catholic church. He Is a married
! man, his wife having been Miss Nc.
Henry Of Lexington, Va.
7 Warlng Is a native OF Mansfield, O
Is also o sign painter said to be one
/. of the finest In the country. l.. j.
. Hinkey Is a native Of Philadelphia
' his home being at 800 NORTH Twent,
( sixth street. He Is q marine copper
T smith by trade, and is 20 years old
When arrested he was engaged Ii