The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1905-10-13
TURNED LOOSE
Convicted of q Crime of Whicl,
They Were Innocent.
SERVED OVER A YEAR
In the Penitentlary, and Was Pardoned
on Wednesday by Governor Hey
ward. They Were Convicted
of Crime Which They
Did Not Commit.
Did Not Commit.

Did Not Commit.
Convinced that three Innocent men
have been serving a sentence in the
State prison for crime committed in
n town in which they claim they had
never been, Gov. HeYward Wednesday
issued pardon setting at liberty H..
Cunningham, George II. Warlng and
Leonard Hinkey. The three mon
we're arrested In Smithheld, N. c., on
the 17th OF March, 1904. were taken
30 Marion, s. O., and there, within
| three weeks OF their arrest, we're con
victed OF having broken opan and
robbed the bank and the postofli.e at
Latta, S. @.
The State Says Gov Hayward has
bad this matter under advisemcnG
since the first OF July. He subnitte6
the case to Soil icitor j. Monroe john
son and to Judge r. O. Watts, and
each Of these made an unfavorable
report on the petition for pardon
But Gov. Hayward was convinced
that Innocent men were being puo
ished, and he authorized Mr. II. T.:
Gregory, the postofli,e inspector, 80
see Judge Watts In person aud to lay
before tue ldge the statement OF
facts which had so impressed GOV.
Hayward.
This statement Of facts, ramatka ble
as 1t may seem, Is to the effect 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 y
third member Of the really guilty
party will be tried In Lancaster next
week on the charge OF having robbed
a postotf3e at Heath Springs This
same party, John Fisher, alias "Oon.
necticut Shorty" was arrested the
very day that Cunningham, Warlng
and HinkeY we're being tried In Ma.
lrion. The ground on which Inspec.
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 Cffence, one OF the party, now
in prison In Vermont; having confess.
ed to the whole 8ffair and having Cx
Onerated the three men in rrjaon 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 JesSion OF crimes in the neighbor-
hOnd OF Latta.
According to the statement OF Mr.
Gregory these men when convicted in
Charles 5on King aud Johnson, admit
ted that they had been the ones who
| had robbed the bank and the,postCih &c
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 men who we're released
Wednesday deny stoutly that they
were ever at Marion; Latta or Dillon
before they were taken to Mari IN for
trial.
The prosecution was pushed by two
other inspectors, Mr.. Il. j. G. Pul6i-
pher and Mr.. w. j. Marles. These
firmly believed the three men under
indictment guilty and 1t was largely
through the tenacity OF the postot1icc
inspectors that Cunningham and the
other two were convicted. But since
that time Inspector Pulsipher heard
the evidence which ConYioted John
son, King and RabcnS in Charleston,
AID ha IL now satisfied that the three
convicted In Marion are innocent
Ulder date Of O1tobor lst, Mr. Pul
slpher wrote strong statement which
no doubt Influenced Judge Watts very
much in his determination to rec M
mend to Gov. Hayward that the three
men be paldoned
| Wednesday Gov. Hayward received
y letter from Judge Watts commuui-
eating the fact that the trial judge
had changed his opinion as to til
guilt or the parties, and the pardon
@as issued Immediately. In his LEI ter
Judge Watts says: There is SO uou3h
rca enable doubt In my mind that il |
we're governor [ would at once pardon
Cunningham and the OUherS.n
The pardon was turned over to q
reporter Of The state to be handed TO
tho superintendent OF Ghc penitsntia
ry. Tne three man were fOuud at
heir daily routine. IIinkey is the
Or1y Cne OF the three who Is disposed
TO be rebnlli0us, and he has Buff 10 !.
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
buildirg for prisoners suffering with
tuberculosis. Th3ir outdoor work IN
tine sunshine had givon them better
color. but Hinkay has a pale, anacnC
look, and evidently is not well. Gun
ningham Is limping as a result OF &
recent fall.
Cunningham Is the most Intelligent
man of the three. Waring is also a
very intelligent workman, but not as
talkative az his companions.
III. E. Cunningham is 33 years Old a
native OF Petersburg, Va, a sigf
painter by trade, and member o.
the Catholic church. He Is a married
man, his wife having been Miss Nc
Henry OF Lexington, Va.
Warlng is native OF Mansfield, O
Is also a sign painter said to be on,
OF the finest In the country. L. j
Hinkey is native of Philadelphia
his home being at 800 North Twent,
sixth street. He Is a marine copper
smith by trade, and ia 20 years old
| whotl l>a A,