The Montgomery advertiser., 1906-07-27

Throughout the proceedings. th Deputy Sheriff and the deceased kep
 strictly within their legal rights , Under these circumstances the un
 dersigned cannot see their way cieaI , to recommend that the sentence b, commuted from death to life impris
 onment We are not unmindfuI of tn, fact that the petitioner probably fel he had not had altogether fair treat
 mert in the transactions which preced
 ed the recovery of Judgment. in tn,
 Justice court, and he was probabl,
 sal of the deputy sherifr and the yde ceased to be permitted to stay on tht
 place until the next morning. But 1 when these circumstances are conced.
 ed, we are not prepared to say, in view
 of the facts before detailed, that the
 death sentence should not have been "The State Auditor has reached dif- I ferent conclusion. and will submit his recommendation and the reasons there- for, in separate communication.
 "E. R. McDavid,
 Secretary of State. I Massey Wilson,
 Attorney General"
 Judge Carmichael in his recommenda- ton made strong plea for ciemency His letter follows:
 |
 Montgomery. Ala, July 2e, 1e06
 Hon. Wn. D. JeIks, Montgomery. Ala: | Dear sir--In relation to the appli- cation of John Williams, convicted of murder. and sentenced to the death penalty. for communication of punish- ment ordered by the jury and the court trying him, beg to suggest that leav- ing out of consideration the ifnproba- biltty of the defendants having c fair f.t~ fx. stf t~al citement at the time of the trial, and the fact thaf if their disqualification had been known at the tirnes two jurors would not have been permitted to sit upon the trial jury. there Is perhaps but one question. worthy of consider ation by the Board of Pardons. and that will presently appear. "One founI guilty by q jury of Eur- der in the first degree may be punish cd by the death penalty or imprison- ment in the penitentfary for life. In the case under consideration. there was controversy between the defendant and the deceased in relation to a par eel of land. And the deceased toGeth- CT with the deputy sheriff and several defendant with 4 writ of possession predicated upon judgment of unlawful detainer to put the defendant out of possession of the premises.
 ''The deputy sheriff insisted that the defendant should be pat out of posses sion on that day. 1t was about 3 o'clock in the afternoon. and the wealth evening. One of the last things oc- curing before the dreadful tragedy was the request of the defendant that he be permitted to remain until the next day.
 '"The deputy sheriff declined to allow this, and the deceased concurred in 1t. The deputy sheriff then called upon a gentleman on the outside to come in and assist in removing the things from the house He started in. the deputy sherin and Mir. Hipp rose from their feet, but did not trouble any of the furniture of the House. Immediately following this the deputy sheriR was shot by the defendant. and also the deceased as he was endcavoring to re- afterwards in the yard, no one being struck by the last shots. About the same. time deputy shot at defendant.
 Undeserving of Penalty.
 Tt seems to me that the defendant was so exasperated by the refusal of the parties to allow him to remain in the house till the next morning, a reasonable request. considering the weather. and the fact that the defend ants wife was nervous and agitated, that he, moved by sudden impu1s of indignation, fired upon everyone not agreeing to his request. And there fore, notwithstanding the homicide is one in the first degree. 1t is not one of the deep dyed character that re- quires the extreme penalty of the law.
 'It Is true that there was evidence of threats made over year before the crime was committed and the purchase of pistol and some cartridges not a great while before the commission of the crime, but the propative force of this evidence, under all the circum- stances, is not considered very strong. I feel Strongly persuaded that if the defendant had been granted the per mission to remain in the house till next day. as he requested of the dep uty sheriff and the deceased, there would have been no homicide commit ted.
 "In consideration of the foregoing facts, respectfully recommend to your l excellency that the death penalty he | commuted to punishment for life, and | that the defendant accordingly suffer | Imprisonment in the penitentiary of the l State of Alabama for the period of his | natural life. All of which Is respect fully submitted.
 "J. NJ. Carmichael, State Auditor :"