The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1906-05-25
WILL NOT HANG.
Nc carver's Death Sentence COMMITTED
by the Governor to Life Imprison.
ment.

Last Saturday Governor Folk COM
muled the death sentence Of Pink Me
Carver to life Imprisonment in the
penitcnliary. McCarver shot and killed
Harry Lett in saloon in Pennington
several years ago. A hard legal fight
was made by his attorneys in which all
the technicalities of law were exhausted
The first move was for change of
venue, which Judge X. A. Anthony
overruled. Then Judge Anthony was
"sworn off the bench on the ground
of alleged prejudice against the prison.
er Judge Anthony called in Judge
Samuel Davis of Marshall to try the
case. The first trial came up in Feb.
ruary, 1904, Judge Davis presiding,
A motion for continuance was made on
the part OF the defense, alleging the
absence Of three important witnesses.
Prosecuting Attorney Marbury made
counter plea that one of the witnesses
was n fugitive from justice, and as TO
the others that due diligence for their
apprehension had not been shown.
Judge Davis oycrruled the motion for
continuance and ordered yenire of
one hundred from which to select a
trial jury. After forty Of them had
been qualified, and on the morning set
for the trial, the charge was made by
the Prosecuting Attorney that during
the night previous a number of the
qualified panel had been around the
saloons with attorneys for the defense
drinking, inferring that they had be5n
tampered with or had been unduly in.
tlucnced by the attentions paid them.
Judge Davis promptly discharged the
whole panel, and ordered the Sheriff
to summon another vcnire Of eighty
men, saying, sect the be,t men you
can lay your hands upon, and be sure
to get men who won't come here and
lay around saloons. The following
tuesday Sheriff Murphy had the venire
in Court, the legal number were quail.
! fed aud jury of twelve men selected
The case went to trial, resulting in a
disagreement Of the jury, MeCarycr
was then released on bond
The final trial, in which McCaryer
was convicted OF murder in the first
degree, was called August 20, 1904
Judge Davis presiding. After hard
fight on both sides, the trial closed on
September lst, the jury bringing in a
verdict Of murder in the first degree.
The jury was composed Of I. II. Coke.
j, y. Webb, Kirby l. Smith, I. l..
Mcfarland, e. S. Gibson, Thomas NJ.
Bell, S. o. Nctherngton, c, A. c.
Gibson, Il. II. Avenz, j. c. Walsh,
rhos Ledbcttcr and John l.. Burns.
The case was appealed to the Su.
preme Court, which was reached or
the docket in that court last March
and on the 9th the trial and verdict o'
the lower court was sustained, aud the
day of McCaryer's execution set fol
April 10. A motion for a rehearins
was oyerruled by the court Marcl
2gth. The Governor then granted {
respite from April 10Th to June 18th
In the meantime W. S. Anthony, at
torney for the condemned man, anC
friends of McCaryer began to crculat,
petitions to the Governor praying for
communication of the sentence to lif,
imprisonment. II is said that the pc
tition was signed by about 5000 per
sons, among them some of the mem
bers of the jury that convicted McCar
yer; and last Saturday, as stated, th,
Governor granted the prayer for com
mutation.