The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-07-27
CARMICHAEL DISSENTS
FROM The MAJORITY
Thinks Crime Was Not of Deep-Dyed
Hue Which Merits Hanging--Wil-
son and McDavid Want
Sentence to Stand.

Montgomery July 26.-(SpeciaL)-Th
governor. acting on his own judgment
and that of majority of the board of
pardons, today announced that he would
not interfere in the sentence of death inn
posed upon John Williams for the muir
der of Senator Robert l.. Hipp of Gull
man county, about one year ago.
Williams will be hanged, therefore, in
the Jail at Cullman tomorrow between
the legal hours of execution. The an
nouncement of the decision of the gov
ernor was made by wire TO Private Sec
retary j. Kirk Jackson today. after he
had Informed the governor of the action
in favor of execution of two of the three
members of the board of pardons.
1t is Understood that Judge j. :. NJ Car
michael, auditor, was in favor of COM
muting the sentence TO Imprisonment for
life from the nrst. but found himself in
the minority at the end Secretary of
State e. r. McDavid and Attorney Cen
erai Massey Wilson voting for the death
penalty. Mr. McDavid and MIR. Wilson
only made up their minds at noon today,
having pondered over the matter ever
since it was presented at a meeting of the
board on Monday last. Mr. McDavid did
not hear the arguments being at home
sick. He read the evidence in bed and
heard of the talks made from his two as
sociates.
The following is the report of the ma
jority as made to the governor:
Majority Report.
John Williams, Cullman county; MUIR
der
The petitioner was indicted for the ma
licious killing of Robert L. Hipp and was
convicted and sentenced to death. He now
to life Imprisonment.
When deceased was killed he was pres
ent at the scene of the killing for the
purpose of taking possession of the prem
ises of the petitioner. client of the de-
ceased having recovered said premises
In an action of unlawful detainer before
a justice Of the peace Evidence was in
troduced at the trial tending to show
that petitioner had threatened TO kill any
body who came to dispossess him of his
home There was also evidence that he
bought the pistol and cartridges with
which he did the killing not a great while
before he committed the murder. The
deceased, at the moment he was shot, not
only was making no hostile demonstration
but was In the act of retreating He was
shot in the back of the head while
deavoring to get out of the way. Just
before killing deceased, petitioner had
made murderous assault upon the dep
uty sheriff and after the murder of de-
ceased, renewed his assault upon the
deputy and there was evidence from
which it might be inferred that he fired
at another member of the sheriff's party
Throughout the proceedings the deputy
sheriff and the deceased kept strictly
within their legal rights
Under these circumstances the under
signed cannot see their way clear to
recommend that the sentence be COM
muted from death TO life Imprisonment.
We are not unmindful of the fact that the
petitioner probably felt that he had no.
had altogether fair treatment in the
transactions which preceded the recovery
of judgment in the Justice court, and he
was probably aroused to sudden anger
by the refusal of the deputy sheriff and
the deceased, to be permitted to stay on
the place until the next morning. But
when these circumstances are conceded,
we are not prepared to say, in view of
the facts before detailed. that the death
sentence should not have been imposed.
The state auditor has reached differ
ent conclusion, and will submit his recon-
mendation, and the reasons therefor, in
separate communication.
K. r. McDANID,
Secretary of State.
MASSEY WILSON.
Attorney General