The Montgomery advertiser., 1906-08-10
FLETCHER MUST DIE
LAWYER ron NEGRO SETS, UP IN-
 SANITY FLEA.
Governor JeIks Declines s<0 Interfere on Recommendations os Dr. Clarke, and Fletcher Will
 Be HangAi Today.

Urging the plea of insanity, the parents and friends of Earl Fletcher. negro convict. condemned to be hanged today in Birmingham for the murder of Bob Payne. a fellow prfson- CT in Flat Top mines. yesterday be- sought Governor Jelks to postpone the execution week. pending an inves- tigafion.
 At the order of the Governor. from Askeville. N C., Dr. Nat O. Clarke, the convict physician of the State yes terday made an examination of Fletch- CTS mental condition He reported to the Governor, through the Capitol, that the condemned man was not in- sane Upon this report the Governor refused to act.
 The request for delay came from an attorney in Huntsville, where the par ersts of Fletcher reside. Early in the morning a telegram was received from this person by Private Secretary !. K. Jackson, who communicated with the Governor The message asked for postponement for a week. stating that the parents of Fletcher ailege he is insane. Acting at the direction of the Governor. Secretary Jackson orr dered Convict Physician Clarke to make an examination of the murderr,. The report of Dr. Clarke caused the Governor to refuse to interfere.
 Fletcher Is the nego who has oc- cupied a cell in the Jefferson county jail where John Williams, the slayer of the late State Senator Hipp. has been incarcerated during the now fa- nous effort that has been made to same him from the gallows. During the outcome of that legal struggle. the attorneys of the negro have been greatly interested in the Williams case. and have watched closely for the outcome. It was freely predicted several days ago that action similar to that taken in the ease of John Will Hams would also be taken in the Fletcher case the day before the exc cution of the courts sentence. When the news of the insanity plea was received, 1t was taken as an indication of a last desperate resort to save the life of the prisoner.
 During the period he has been in the Jefferson county jail. Fletcher has been an unruly prisoner. Several times he has attempted to assault his keep CTS, and Wednesday a saw was dis covered in his cell. which had been smuggIed to him in the sole of shoe. He has repeatedly made threats against the life of his guards. and during the last few weeks of his life has been kept constantly under the closest surveillance.
  ed to pay the life penalty was conn naitted at Flat Top. while he was serv- Ing a fifteen years sentence for am other murder, committed In 1903. in Jefferson County. In a quarrel lin the mine. he killed companion prisoner. and was later convicted by jury and sentenced to be hanged.
 Since the Williams episode. there has been much speculation among Birming- ham lawyers in regard to the caae. as it was expected Fletcher's attorneys would seek to secure a writ for n hearing in habeas corpus proceedings. similar to that granted to the attorneys of Williams by Judge Samuel L. Weav- er Since the action of Chief Justice weakley on Monday. however, when he called upon Judge Weaver to show why he interfered with the sentence of the Supreme Court in the execution of Williams, 1t has been the general im- pression that such hearing would be hard to obtain.
 Unless some unexpected move is exc cuted by his attorneys during this morning. Fletcher will be hanged to day in accordance with the sentence of the court.