The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1910-04-14

County Roads Means I'M
paired Health or Death to
Misdemeanor Convicts.
Reidsville Review.
Governor Kitchin's communication
OF the sentence of Baxter Shemwell
has been criticised by some OF the pa
pers of the State and by large num-
ber OF citizens. The most bitter man
is one who not knowing all the facts
in a case reaches conclusion and
proceeds to "knock" upon the
ground that he believes wrong has
been done. The Review can see no
good reason for violent criticism OF
Governor kitchin's merciful action.
So long as we sign applications for
pardons on the grounds that con-
finement in iails or labor on county
roads means impaired health or
death to prisoners convicted OF a mis-
demeanor, we cannot have it in our
heart to condemn the action of a
Governor who grants pardon or
commutation on these grounds.
What are the facts in the Shemwell
case? Simply these: Shemwell was
convicted Of an assault on conduc-
tor and sentenced to five months in
Jail. Reputable physicians last win
ter gave affidavits to the effect that
Shemwell was suffering with rheuma-
tism and that confinement in Jail
would be dangerous. Acting in good
faith with these physicians attidavits
and with Shemwell, Governor kitch-
in granted a reprieve until this
month.
Papers which criticised the Govern
or's action proceeded to picture Shem-
we'll dangerous character, which is
true, and some OF the papers set to
work to coerce Governor Kitchin
into compelling Shemwell to serve
out his sentence. Afew months ago
a son OF Shemwell's went to Govern
or Kitchin stating that confinement
in jail for five months would cause
his fathers death. The Governor
very properly replied that he would
not think OF re-Opening the matter
unless Shemwell would submit to an
examination by reputable physicians
to look into the merits of the case.
| This was readily agreed to.
His Excellency appointed four
Raleigh physicians to make the exam
nation, but each declined, one of
them stating that he was himself af-
ficted like Shemwell Governor
kitchin then told young Shemwell
that he would be willing to have the
examination made by DR.. Whitehead,
a celebrated surgeon OF the Stokes
| Whitehead Sanitarium. This was
agreed to on the part Ofyoung Shem-
we'll, after he called the Governors S
attention to the connection OF White
head with the Southern as local sur
geon, the point being made that the
Shemwell case grew out ofShemwell $
assault upon one of the employees OF
that company. There were several
reputable physicians in Greensboro
also appointed to make the exami-
nation.
The letters of these physicians are
| to the effect that Shemwell is suffer
ing with a bad heart and neuresthen-
ia, that of DR.. Whitehead, the South
ern's surgeon, being the strongest in
favor of Shemwell.
| 1t goes without saying that Gov
ernor Kitchin gave much weight to
the opinion OF DR.. Whitehead and to
the opinion OF DR.. Harrison, of Green's
boro, who was county superintendent
of health at the time he examined him
and to DR.. Fortune, who is the pres
ent superintendent of health OF Gull
ford county. Should our superin-
tendent of health, DR.. Ellington, and
other eminent and honorable physi
clans make the same recommendation
in the case OF any other prisoner sen
fenced for a misdemeanOr, and Gov
ernor kitchin refused to commute the
sentence there would be sure
enough howl.
The Jail Imprisonment OF five days
shows that the Governor was unwll
ling to remove the stigma and the
disgrace and the humiliation, for 6
Jail sentence of one day is as mucf
disgrace as il the sentence had been
year.
Had the Governor desired to catel
to public sentiment or further hi
own political fortunes he knew thai
it would have been popular to have
compelled Shemwell to serve the sen
tence. But waving aside these con
siderations he did what he felt wa
right and proper under the circum
stances.
We think the fact that Shemwel
was not convicted of a felony has beel
overlooked. He had not been sen
fenced to death, and we take tn
position that in compelling Shemwel
to serve a long Jail sentence in th
face of such facts as were presented
to the Governor would have beer
nothing less than transcending tn
intent of the Judge who sentenced hin
: for misdemeanor.
This, it appears to US, is a fair sum
ming up OF the matter and we fee
sure that time will vindicate the posi-
ton of Governor Kitchin and tha'
the public will applaud him for hi
merciful act. BLESSED are the merci
full for they shall obtain mercy"
Vested by the people with the pow
er to commute sentences when ther
are grounds for it, Governor kitchiI
has done what appeared to him to b
be right. Who would say that an,
man ought to do otherwise when al
the circumstances have been consider