The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-07-10
THE CASE.

Inc alleged confession OF scott, the
self confessed murderer and mutineer,
has in the minds Of some people only
occurred on the Inflated Harry Ber-
wind on that morning Of October 10th
1905. There are many people who put
no more confidence in the statements
made by Henry Scott on the scaffold,
generating Adams and Sawyer from
all participation in the murder Of the
four white men and one negro than
they did in his sworn statement on the
witness stand in the trial that his CO.
defendants killed all the white men
and that he was perfectly innocent of
any part in the whole affair except the
killing Of the negro COakley which
was done in self defence. If one will
take the testimony Of Adams, Sawyer
and Scott as delivered on the stand in
the trial Of the two cases last fall and
compare it with the statement of
Scott made OF the gallows it will be
found that there are several serious
discrepancies.
We were in hopes that Scott would
make such a confession and statement
Of facts as would make clear just how
those most mysterious murders were
committed. We have had some
doubts about the guilt of Sawyer and
Adams-at least of as great guilt as
that of Scott. We must confess that
SCOTS statement has been a disap-
pointment to us. 1t does not by any
means prove conclusively to our mind
that the other two defendants were
perfectly innocent of any participation
in the crime, though it may be claimed
with reason that it shows they took
no part in the actual murders, but we
feel that there is room even for doubt
as to their innocence to that extent.
We have not the space nor the time
to review the whole testimony in the
case here, for the purpose Of pointing
those phases of the case which we
think sustain us in our contention
that SCOTS statement under the GAL
lows does not prove the absolute inno-
cence Of the other two defendants.
We will say, though, that in our
opinion the statement of Scott,
made under the circumstances. should
be allowed to throw so much doubt
about the guilt of the other two men
that they should receive executive
cIemency from the president. With
the doubt that has been thrown about
the fact of their guilt they should not
be made to suffer the death penal
ty; but. at the same time, we are not
pftpared tc say President Roosevelt
would be justified in saying their COM
plete innocence lac been proven by the
ante-mOrtem statement of Scott. In
truth we put little more faith in that
statement by him in which he declar-
ed that he did all the killing on that
vessel than we did in that part of his
testimony before the court in which
he declared that he did none OF it ex-
cept the shooting Of COakley-done in
self dGfense-but that all of it was done
b. Adams and Sawyer.
We hope the president will COM
mute the death sentences Of these two
Ier-for the reason only that in
the minds Of SO many fhen who are
corservant with all of the facts which
have been or can ever be made known
about the circumstance Of the killing
there is serious doubt of the guilt of
Tire men who are now under sentence.
Nc nal should be hanged for any
crime when there is the least doubt
about his guilt.
The law says it is better that nine
+ and nine guilty men should escape
punishment han that one innocent
man should be punished" This hui
name maxim Of the law governs us
IN cur hope that Adams and Sawyer
may not be forced 10 undergo the ex-
IRENE penalty Of the law for which
there is no redress in case of a subse-
ouent discovery of a grave mistake
having been made by the law. Even
in sIch cases as this it is better for
the law to err. if al all. On the side OF
le1:encr.