The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1910-04-07
The Shemwell Case.
CONTINUED from first page

illusions, and when he once forms
conclusion has manhood. enough to
saw what it is. He is not subservlent
to the walls of any element, but his
cool Judgment and strength OF char
acter place him above the influence
OF the clamOring, preiudlced attacks
of those who can see but one thing.
The crime for which Shemwell was
convicted was no heinOus one. 1t oc-
ours frequently and usually receives a
small fine. 1t is true he drew pistol,
but had he been the vicious man that
some would have the public believe,
thirsting for blood, what prevented
his shooting? On the other hand he
was backed across the car by the con
ductor, who, by the way is said to be
an ex-cow boy. Yet over this offense
such O feeling has been stirred up that
MANY have actually expressed the
fear that should Shemwell be par
dOned he would be lynched. Things
have come to an unfortunate cOndl-
ton in this State when a few prelu-
diced minds can so. enrage people
against n man who has committed
misdemeanOr that there are fears OF
mob violence.
Shemwell should be punished, and
will be. The law of North Carolina
has not yet made death penalty Tor
an assault with q deadly weapon. The
doctors strongly advised against a
five months Imprisonment for Shem-
well. Yet there are those who would
have the Governor make the man
serve this sentence, even il it should
prove fatal.
Governor kitchin has exercised the
power given him by the people, and
has done so in good faith, and we
are content.
The Case of Baxter ShemWeli.
Durham Recorder.
This case was heard in GuilfOrd Su-
perior Court and very light sentence
passed. The Supreme Court OF the
State said the sentence was right.
When the Governor reprieved Shem-
we'll until the spring all newspapers
said that he made mistake, but that
he still had time to make good. Sev-
eral weeks ago notice was given that
application for communication OF the
sentence would be made and with one
accord the press of the State said
that il the Governor did this he would
make a mistake. In the face OF this
and written protests Shemwell had
his sentence reduced from five months
in jail to five days and pay fine OF
five hundred dollars and the costs.
What does this mean to the hun
dreds that are today serving sen
fences on the public roads of the State
for smaller Offenses? Itmeans to them
that they must continue to serve the
sentence and if they get sick they
must take such fare as hey can get in
u convict camp. 1t means that they
must do this, not beca use they did
not have q good character before
they committed the crime with which
they are charged, but because they
have not the money to employ physi-
clans and lawyers and pay fines, and
because they have not the influence
that the man with money possesses.
In other words it means that the man
that has the price can commit crimes
and go UNPUBLISHED.
This power given to the Governor
often places him in an embarrassing
position, and in many times formerly
governors have fallen down complete
ly, but in most cases it has been as
in this case of Governor kiichin,
where the man applying for pardon
was backed by money and COnSe-
quently friends OF influence.
The Governors rlistake.
Raleigh News and Observer
There will be grave regret all over
North Carolina today when the peO-
pie read that Governor kitchin has
reduced the five months sentence for
Baxter Shemwell to five paltry days
and the insignificant fine of five hun
dred dollars. If ever there was a ju-
dicial sentence in North Carolina
richly deserved it was the mild sen
tence OF five months in jail imposed
by Judge Long. Itoughtnot to have
been changed in any particular.
When Governor kitchin, in December,
postponed the sentence from January
LIST to April LIST the people felt that
he had made a mistake, being mis-
led by statements that Shemwell's
condition was such that he was
in the Hot Springs Hospital for
treatment. When very short time
after the postponement, Shemwell
was seen in North Carolina going
about as usual, the press of the State
almost with one voice declared that
the Governor should revoke the order
pOstponing the sentence, but the
Governor determined to let the order
stand under which ShemWell would
begin his five months sentence on the
first day of April. Some weeks ago
it was known that application had
been made to the Governor to COM
mute the sentence and physicians
were invited to examine ShemWell.
Five physicians have made an ex-
animation since the second applica-
ton. Their statements as condensed
by the Governor do not justify the
reduction of the jail term from five
months to five days. 1t may be as
sumed that many of the men in iails
and III the penitentiary have some
ailment and that, if examined, doc
tors would give certificates that con-
tinement was not beneficial to their
health. Why not have general ex-
animation and reduce the sentences
OF all who are diseased in the same
proportion that Shemwell's sentence
was reduced? If Shemwell ought to
have this slight Imprisonment, not d
day more should be given to those
who are not in sound health. Let all
men convicted of crime stand upon
the same plane-'equal and exact
justice to all and special privileges to
none"
The Governors statement of the
crime, the trial, and the opinion of
the doctors will convince most men
that he has erred. If after recount
ing the crime and the sentence and
the doctors opinion, he had added: