The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-04-09

killing while lhe was still. suffering
from the shock of the horror in which
he was involved dud from wrecked
nerves, caused by drinking as afore-
said, which continued under the ad
vice of the physician in charge after
your petitioner was arrested and i'm
rnisc'ned, because lie was physically
unable to abruptly discontinue the
use Of stimulants. That by reason
Of the continuous physical and men
tai arrangement aforesaid, your pet
itiomnr was totally incapable either
bfter or before the trial Of formulat-
ing rational defense, and is now i!a-
formed itlrat he positively refused to
be guided by the advice of counsel
and 'imterposed the plea Of acciden-
tai killing over their earliest pro-
test. In confirmation of these state
ments yom petitioner prays refer
ence ITO the letter Of Robert McFar-
lane, one of his counsel, and to the
phyisciMni's certificate offered at the
trial
In support Of this petition refer
ence is craved to the recommendation
of THE late Solicitor j. M. johnson,
filed herewith, and ITO the petition
signed by j. NJ. Spears, ESQ, now
solicitor Of the fourth judicial cir
cunt asH native resident of Darlington
county, and by the officers Of the
town and county Of Darlington and
members Of beth branches of 1.-THE
general assembly from the county of
DarlirGton, from all the counties of
the fourth judicial circuit and from
adjacent counties, by the lieutenant
governor and secretary of state, who
ane residents of the counties adja-
cent to and recd:Itly formed partly
from :the county of Darlington and
by the speaker of the present house
Of representatives and his predeces-
sor.
And for reasons why the petition
should be granted, your petitioner re-
spectfully shows THAT the offense of
which he has been convicted was COM
midted without premeditation, with
out motive and without malice
aforethouglat, and that did not CON-
atitute tale crime of murder, and more
titan adequate punishment has al
ready been inflicted on your petition
er and The law has beeM fully vindi-
Gated.
Wherefore your petitioner res
pcctfully prays, the premises being
considered. that your cxecllcncy will
in the exercise of your great clemency
grant unto your pctitiAncr a pardon
Of his said crime, release from said
Imprisonment ind a restoration to
the rights Of citizenship.
M. G. Lee.
Petitioner.
Judge Bcnet's repon on the case
WAS as follows:
To His EXcclleney, Gov. Hayward.
Dear Sir: \ similar petition was
submitted to Gov. McSwccncy, and
at Ahat time I stated my reasons for
refusing to recommend the pardon
prayed for. The present petition and
accompanying papers furnish me no
grounds for changing my opfnion. DR..
Lee was justly convict cd for the mru-
der of his father. an aged man. Tho
jury THAT found the verdict recon-
mendcd ham to mercy, thus sparing
his life, but they had no doubt nor
have 7 mnw t9mt he murdered his
father, and yet they mereifully found
the lesser verdict. He was ably de-
Tended, he had fair trial, the cvi-
dcnce of guilt was overwhelming and
I can not recommend his pardon.
W. G.. Benet.
Judge Bdrlat lis now in Europe and
no report could be obtained from him
at this time, but it lis understood that
he would nmt change his opinion.
A letter from Gov. Hayward, writ
ten at the request Of the pardon
board, stated that he had appointed %
commission who cxam1ned into the
mattor and after they reported he
declined to take any action although
on the strength of ithe petition alone
it was his indination to act faithfully
After Gov. Ansel had decided to
adopt dhc recommendations of the
pardon board yesterday the papers
were turned over to Mn. r. NJ. Me-
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