The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1910-04-07

and the State would have reioiced
that punishment follows crime IN
North Carolina.
A Flasco in the Name of Justice.
Charlotte News
Just supposing Baxter Shemwell
had been an obscure and ordinary OF
fender, not blessed with abundance
OF money, political pull and friends,
would his sentence have been com
muted?
1t has come to a pretty pass when
such action as that announced by the
Governor, in this case, may be antici-
pated months before by the public.
''Shemwell will never serve his sent
ence in the pen" and similar express
sions Of opinion have been heard on
all hands. Such a state of affairs do
not indicate the right kind of conf
dence in the equity and fairness OF
public officials. Why have men pre-
dicted that Shemwell would be the
object Of executive clemency? Why
has doubt that he would ever serve
out his term been entertained by
many? Was it because men really
thought his physical condition so bad
that he would be released, or was
such opinion formed on other scores?
Shemwell is influential politically. He
has infuentialfriends. Hehas money.
The trial Judge found nothing
wrong with his physical condition,
and refused to interfere with the sent
ence imposed by an honest jury, which
had heard all sides of the case.
The solicitor knew nothing of his
physical conditi on, and would not
recommend executive clemency.
1t remained for the Governor to
assume the responsibility of reducing
a sentence which jury, trial Judge
and solicitor had considered fair and
reasonable.
We're Shemwel in such serious
state of physical debility as to render
incarceration dangerous to life, none
would protest But there are many,
among the number being the Judge
himself, who take with a grain OF
salt this masquerade for evading SEN
tence.
Once before the Governor had
granted IL stay of his sentence. At
that time it was urged that on ac-
count of serious rheumatic troubles,
incarceration in the winter months
would be dangerous to the prisoner.
Accordingly a stay was granted until
the balmy spring time, and now the
sentence is reduced to a fine Of $500
and five days in prison.
ShemWell was convicted of holding
up a through train at Lexington.
The conductor was not responsible
for the schedule. He was following
orders and showed Shemwell his or
ders not to stop. Shemwell, however,
desired to get off at Lexington, and
produced a trusty gun, with which
he succeeded in carrying his point.
Later on he forfeited his bond, and
ignored the orders of the courts.
Several physicians, the Governor
says, found on examination that the
prisoner had a "weak heart or some
other trouble. 1t is likely that a
large percentage of prisoners in the
State penitentiary today would show
on examination some physical weak
ness.
The entire affair has the appear
ance of a fiasco in the name of Justice.
In December Shemwell was suffer
ing from rheumatism. Today it is
"heart failure" He seems to have
had an ailment to fit every change OF
season.
Looks Like the Governor Made a Mis-
Durham Sun.
ii Governor kitchin erred i'll com
muting the sentence of Shemwell, he
erred on the side of mercy. If his ac-
ton in this matter will hurt him, as
some say, it shows that he has the
courage of his cOnvictiOn-wil do
what he thinks is right, regardless of
who it hurts. We must say, however,
that Shemwells bullying demeanor
on a fast train last Thursday night,
forfeits all claim for sympathy, and
puts him down as a man devoid of
the principles of appreciation In the
light OF these recent events it begins
to appear as If the Governor did
make a mistake in giving Shemwell
only five days in Jail. Such desper-
ate, bullying character, should be
dealt with more severely, and the
public protected from his stubborn,
hot-headed dOings.
A Dangerous Precedent.
Apex Journal.
The Governor has established a
dangerous precedent in reducing the
sentence of Baxter ShemWell from
five months Imprisonment to five
days with a fine of $500. He can not
now conscientiously refuse to pardon
any criminal convicted of anv offense
who has some disabling disease, even
tho he may have contracted it in the
commission of the crime for which he
was convicted, or while a fugitive
from justice before his detention.
\ dangerous precedent, the estab,
lishment of which we hope the Gov.
ernOr may yet see fit to forego.
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