Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-11-13
Mistsllansuus 8radins.
THE LAW AND THE SOUTH"
Where N. alth and Position Are. Safe
guards Esainst Punishment.

The Columbia State.
| Within the last few days judgment
has been rendered in three criminal
cases in this country that are Of more
than ordinary interest In New York
Charles w. Morse, bank wrecker, has
been convicted and sentenced to If
teen years in the penitentiary. In Vir-
ginia, E. w. overly, bank wrecker,
has been acquitted by jury Of twelve
men. In Georgia, T. w. Alexander,
convicted bank wrecker, has been par
dOned by the prison commission and
Governor Smith.
The case of Morse the public Is IA
miliar with, his large career as a
financier, his accumulation of a fortune
of a hundred or two millions, his con-
troll Of vast enterprises in New York,
his connection with the ice pool, his
final collapse, his embezzlement, his
conviction and his recent sentencing to
fifteen years in the penitentiary.
f. W. overly was formerly cashier
of the bank Of Mecklenburg, at Boyd
ton, Va. He embezzled the funds Of
the bank and wrecked the institution.
His trial has just been concluded. There
was absolutely no dispute as to the
| facts; they were undeniable and ac-
knowledged. OVERLY in fact pleaded
guilty to the principal charge against
him. But the jury was of "the vicin-
age" as the law hath 1t, they knew the
accused, knew his family and felt sorry
for him. So in the face Of the facts,
in the face Of the law, and against the
rights Of society, they brought in a
verdict Of not guilty! The indignant
and courageous judge, Judge Barks-
dale, publicly reprimanded the jury
and denominated their action as a
plain and fragrant disregard Of the law
and Of justice. But OVERLY was ac-
quitted-and the prosecution has no
redress.
The public hereabout Is probably
more or less familiar with the case Of
T. w. Alexander. He was a prominent
business man in Augusta; he was
equally prominent socially. He be-
came involved. embezzled funds from
one Of the Augusta banks and wrecked
1t. Alexander was tried, convicted and
sentenced to six years in the state
penitentiary. Now, after two years OF
his service, the prison commission Of
Georgia and Governor Smith have par
doned him. The arguments on which
the pardon was based are Of more than
ordinary interest. In the first placei It
was argued that because Of certain cir
cumstances the sentence Of Alexander
was longer than it might have been
otherwise. These circumstances were
as follows. We quote from an Atlanta
dispatch to the Augusta Chronicle:
I'm the application for pardon, 1t is
set forth that Mr.. Alexander's term
was much longer than would have been
| the case but for an odd circumstance
connected with the laws Of the state.
It was first understood that his term
would be no more than two or three
years. Then 1t was discovered that
such sentence would place him on a
county road chainganS. Richmond
county was short Of its pro rata share
| of convicts at that time, and the
chance was that he would be sent back
to his home to serve the sentence,
where infinite humiliation to himself
would not alone result but undeserved
pain and embarrassment to his rela-
tives caused"
1t would seem that only short term
convicts may be used on the chain
gangs, and so to avoid the necessity Of
putting Mr.. Alexander on the chain
gang it was determined instead to give
him the long sentence and send him to
the penitentiary-where after a time
the opportunity of pardon would be
offered
Then too, there was another inter-
esting and forceful circumstance. We
quote again from the same dispatch
to the Chronicle:
Beside the circumstance Of the sem
tence, 1t was set forth that the pun
ishment had been adequate as two
years for a man Of Mr.. Alexanders re-
| fnement amounted to more than 20 for
the ordinary criminal; that his con-
tinued confinement will punish num-
bers of innocent and very reputable
relatives more than himself; that he
has been model in his conduct and 10
anxious to begin life anew and reclaim
his lost prestige while still on the
bright side of the meridian.
This Is interesting and 1t Is new law.
We had always imagined that the law
knew no distinctions, that 1t prescribed
certain terms for certain offenses and
questions of a gentleman's reflne-
ment," not to speak of the feelings OF
his relatives and the opportunities OF
the gentlemans resuming his business
and regaining his lost prestige" while
still on "the bright side Of the merid-
IAN" had nothing to do with the ex-
battalion of a criminal offense. Those
of not so tender hearts and consciences
as the prison commission OF Georgia
and Governor Smith will be disposed
to ask the question why Mr.. Alexander
did not think Of his refinement" and
of his relatives and Of his bright
meridian" before he embezzled the
funds of the bank.
These three cases carry their own
moral-a moral which we are sad TO
confess is not pleasant to the south.
It may be because we have not the
same respect for the law, it may be
because we all know one another IN
the south and respect for the refine
ment" of folk or regard for the feelings
Of their relatives" illustrates the en-
forcement of the law, but at any rate
and for whatever cause the unhappy
truth remains that we Of the south DO
not enforce the law as do the people
Of the north. To our shame be it said'
that it is the negro or the moneyless
white of the south that gets justice.
Persons that can plead their refine
ment" or can plead their relatives" or
something else equally foreign to the
administration of equal justice get
we'll they got out Of Jail, or they never