The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1911-01-07
WILL D 4 AlllleGs' ! 6
,3ssab .Fraahhlliiy, lha nltsaitf, sas ..
=2;.;5 ca g,isas o. Gov. ABsal.
GOES! UP EEllIIg / HE'E' ZEE

,8sSs So In M SHas q s. Been 4 Coalrnuteed' 70 Inn
q: prisonment for Life y the Tender
B hearted Geatleuan Who Happens
J: ,so be Governor. 5.
pink Franklin viii spend the re-
,.snainder& OF his days In the state stat ,
penitentiary. This rs what we are
aold By The Stats in announcing that
the sentence OF death imposed upon
she negro N the Orangeburg county
court In 1907 was Thursday COM
mrtsd to life imprisonment BY Gov
AnseL y. 4 .z s. 81 3.s,i
z This action follows the alling OF q
great many petitions asking e1ecu-
ave clemency. These came = from
more .han score Of counties and
were signed by several hundred per
sons. There were "a number Of Pc
dtions protesting against pardon
or commutation. .
FRANKLIN WAS L. convicted Of the
tn,Iurder Of H. E.. Valentine, q con-,
stable, aud he was ito have been
I hanged ON Decembe %. Recently,
GOV. Ansel granted q respite to the
negro until January ~. The case
was decided by Gov. Ansel indeI,:
pendent OF q review by. the State
sard OF .pardona. g.
|: s. Following the conviction OF the ne
gro in Orangeburg county an appeal
was taken to the South Carolina SUI
spreme court. where the Judgment OF
&he lower, court was affirmed: The
cage was next appealed on writ OF
error to the United States supreme
court, but there being no federal
:enestion involved. the appeal was
dismissed on. |motion of Attorney
General, Lyon. Until several months
.agc the case OF Franklin Wes handled
iby two negro lawyers. Moorer and
Adams, Mr.. Bonaparte. former at
.torns> ageneral OF the United States.
Glad q hrlcf With the United States
snpremis court in the ,issro'e behalf.
when the. appeal had been dis
missed BY tho United States soprems
sassourt; the case came back te!: the.
State jgipresas scsau 20. sosaeE vas
:sasueds tor the Drangeb eburg coagt 20,
Hssisnss : Say aor tse eIeeasioa 9oS
franklin. In the meantime =, = new
trial was asked in tic Orangeburg
county court on the gr,urds Of after
discovered evidence. The TRIAL wss
refused, and again the cease came be-,
Sgore The State szprome court while
5shis appeal wss pending Il vas de-
sesided TO abandon the causA and TO
sask that Gov. ANGEL pardon or COM
mate sthe sentence OF franklin, IT
ssS that petition that Gov. Ansel has
acted on. This caSe has attracted mo
little attention. In the North and
many appeals have come from the
Northern press. s. ;-.:&.ss= s, :s.t+
IS Following is Gov. Ansel's decree
AnSthe case: ~ 81. 54 IS
- GS PSI4tiS'ttc1p 3AA1E = ASsafA@'us
was tried at the fall term. 1907, Of:
sahe court OF general sessions fory Or:
:.sngeburg county for the killing OF
scne H. E. Valentine, was convicted
1y the jury. and sentenced by, his
honor. Judge ]. G. .I1lugh, the pre-
aiding Judge, to be hanged, soon
thereafter. Az appeal was taken to
.the supreme court Of this State.
:where the: judgment OF the lower
scourt was affirmed, and on writ Of
ssrror TO the supreme court OF the
United States. there being no fed
seral question involved, the appeal
was dismissed. The defendant was
then resentenced to bs hanged on the
y23Yd Of December, 1910, and res-
s:pited by me until Friday, January
sG7, 1911, % this petition was then
Dending before me.
This is an application to me Tor
/ q pardon or Communication OF the
sentence passed In this case. have
given > great deal OF thought 70 this
application and the Law &nvolved In
che casa
"a warrant had been Issued by one
OF the magistrates Of Orangebarg
county for Pink Franklin for q vio-
:sat,on OF. .aa agricultural ooatract.
;eaid varrslnt being dated May IS.
1907. H. e. Valentine had been ap-
pointed as special constable to exc
cute naid warrant, and on the morn-
;fng OF the seth OF July. 1907. he ut-
tempted to make the arrest Pink
Franklin at that time was living on
the land OF one Mr.. Spires, about IL
miles from where he had been living
IN the spring on Mr.. Thomas place.
4 am satisfied that the warrant was
q lawful one at that time, as the act
OF the legislature under which this
warrant was Issued had not then
been declared unconstitutional.
!: 1T appears from the evidence that
Mr.. Valentine took with him W. VI.
Garter and very early in the morn
ing of July 29, 1907. went down to
the house of Pink Franklin to make
the arrest Mr.. Carter testifies that
they knocked on the door and called,
but got no answer. They did not
1,A. 49,, r,a.a SA,&