The Birmingham age-herald., 1911-06-27
.O'NEAL EXPLAINS GADSDEN PAROLES Goes Into Detail Regarding
 HOwle Case SAYS DUTY IS PLAIN
Man Upon Whose Evidence HOwle Was Convicted Made Affidavit
 That He SwOre Falsely

Montgomery. June 26.-(Special)- Declaring that every man, no matter how vile he might he, is entitled to onsidera ton at the hands of the chief executive of a state, and "that his lib erty is too sacred to him to be taken from him." Gov. Emmet ONeal to- night made public letter which he has addressed to Col. R. Kyle, an in huential citizen Of Gadsden, in which
 reference Is made to paroles issued to Thomas Higgins and James T. Howle of Gtowah county The letter is in re sponse to one received from Colonel Kyle, in which the chief executive was advised of mass meeting of citizens of Gadsder which is to be held this week protesting against the governors action in giving freedom to the alleged prohibition violators.
 In his communication to his Gads- den friend the go. crnor reviews at length the circumstances leading up to his parole of the prisoners, declar- ing that the testimony presented to him was such as 10 demand action. if iustfce was 10 prevail With reference to the parole of Howle the governor cites in his communicable letter which he received from Solicitor w. j. Boykin of Gadsden in which the so- licitor declared that facts which had inst been found tended. to show that Howle was not guilty. Attention more- over was called to a visit which the chief executive received from man named Tom Marvin, who had appeared against Howle at the trial. Upon this visit, the chief executive declared, Tar win stated that he had testified to an untruth in declaring that FGowle was guilty.
 With regard to the Higgins parole the chief executive stated in his let tere that the defendant was one of party of 12 or 15 who were enjoy ing a barbecue at which violation or the prohibition law was charged. Htg- gins was convicted of the offense and given a sentence of six months. This punishment, the governor declares, was clearly excessive" while "in the case of Howle I granted the parole because there was perjury somewhere"
 The governors letter concludes:
 Each case in which a pardon or parole is asked must stand on its own merits and I have no right to deny clemency to a man who is entitled to 1t simply because there may be gen eral rumor that he Is a persistent vio- lator of the law.
 "In passing upon an application for a pardon or a parole the governor Is charged with a grave responsibility ana unless I misconstrue his obligations II Is his duty to see that no one, no mat ter for what crime he has been con vlcted or what his character may be is punished in any case where, after the trial it develops that he was not in fact guilty.
 "Tn the Howle case I was informed that there was some evidence corrooor- ative of a part of the evidence of Tar win but when Tarvin. after the trial
 lot scr, xr-as rcd upon his testimony. made an affidavit that he swore untruthfully when he testified against Howle my duty in the premises seemed pain.
 ''It may be that Howle is the worst man in the world; it may be that he is a walking blind tiger, but never theless he is a human being, and how ever vile he may be his liberty Is too sacred to be taken from him upon the evidence of 8 man who admits that his testimony, upon which the conviction was obtained. was false and not only admits It's falsity but swears 1t was false.
 T may and probably will. while governor make many mistakes. but when I see my duty plain before me I am going to pursue it regardless of the cost Tn these cs ses I did what was right. l would have been recreant to my own sense of justice had l done otherwise There are times when. In spite of confessed guilt, the governor of a state should temper justice with mercy There is no time when he can afford a denial of even justice to the meanest or vilest in tho land.
 Since my inauguration as governor there have beer many convictions Of both white men and negroes for vio- lating the prohit ition laws of the state and there have been many appeals to me for paroles and pardons in such cases. but I have never granted one in any case where ! did not feel that 1t was my duty. under my oath as chief executive of the people of Ala bama, to extend clemeney under the circumstances surrounding the case.