The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-03-01

of John Black, former chairman Of
the State dispensary board of direct
os who, on November II, was con-
victcd of conspiracy to defraud the
State and sentenced to five years i'm
prisonment, will not have to serve his
sentence. if he pays a fine of $4,000
between now and September l. Gov
ernor Cole l.. Blease today commuted
the sentence of John Black to five
years in the Penitentiary or pay a
fine of $4,000"
Closeted in his private office with
some of his friends just a few min
utes before, Governor Blease shortly
after noon today came out into the
larger office of the executive depart
ment and called to his secretary to
make out a Communication for John
Black, and give him until September
l to pay it, he added, referring to
the $4,000 fine. II SO happened that
Col. p. II. Nelson, chief Of counsel for
when the announcement was made.
Col. Nelson had had no previous inti-
nation that this would be the out
come Of the case.
1t is formal language only that the
commutation bears, and gives the
people of the State no inkling of any
reason that may have moved the
Chief Executive in the exercise of the
pardoning power.
The paper reads:
whereas, at n Court of General
Sessions and Common Pleas, begun
and holden at Chester County at the
November term. 1910, before Judge
Especially Ernest Moore, one John
Black was convicted Of conspiracy to
defraud the State and was sentenced
to five years in the State Penitentiary,
now know ye:
That for divers good causes and
considerations me hereunto moving,
/ have thought fit to commute, and by
these presents do commute the sem
tence of the said John Black to five
years in the State Penitentiary or pay
a fine of $4,000.
Cole L. Blease, Governor"
The Communication is dated the 9th
OF February, the 135th year of the
independence Of the United States of
America.
After several days trial at Chester.
John Black was convicted, while Jodie
Rawlinson and II. Lee Solomns went
free of the charge Of conspiracy to
defraud the State Black was con-
victed upon one count the second. of
an indictment charging two specific
branches Of conspiracy.
Black had been tried before, in the
Rlchland courts. The trial was inter
rupted by the finding Of copy Of the
local morning paper in the jury room.
This eXecise of Executive clemency
in Major Blacks behalf recalls Gov
ernor Bleases often-repeated decla-
ration on the stump, II stand by nv
friends and his statement in the
Senate, when it was proposed to al
low the Attorney General special
1und Tor the prosecution of dispensary
srafters, that John Black was his
friend and he intended standing hv
him; "and if necessary l will go 20
the Penitcntiary with him."
Acceptance of communication by Mai.
Black terminates, automatically his
pending appeal to the Supreme Court.
The law books say that acceptance
OF pardon has the same legal effect
as confession of guilt or of the ex-
IStence of state of facts from which
Judgment of guilt would follow"
(Encyc Law, Vol "a, p. $3.50 and the
same authority says: Since the ac-
ceptance of pardon admits the re-
cipients guilt, when a pardon is ac-
cepted, pending an appeal it's ac-
ceptance operates as an admission
that the criminal was rightly convict
ed and therefore constitutes ipso facto
a waiver Of exceptions taken at the
trial. Pardon and communication are
classed as Of piece. In this case
the appeal had not been perfected and
thus the practice outlined for dis
missal of the appeal need not be fol-
lowed; $50 where a pardon is grant
ed, accepted and brought to the at
t"ntion of the Court, pending an ap-
peal, the appeal will be dismissed"
"a criminal" say the law books,
"cannot be forced To accept a par