The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-01-10
FRANKLIN's SENTENCE CONMCIED
Governor Saves Orangeburg Negro
From Gallows.-ConVicted OF
Killing Constable.

COluTlOld, Jduudly ~ 1919
lin will spend the remainder OF his
DAYS in the State penitentlary. Inc
sentence of death imposed upon the
negro in the Orangeburg county court
in 1907. was late today commuted TO
life Imprisonment by Governor Ansel'
This action follows the fling OF petl-
tions asking executive clemency from
more than a score Of counties ana
signed by several hundred persons.
There were a number of petitions pro-
testing against pardon OF commuta-
tion.
Franklin was convicted of the MUIR
der of H. E. Valentine, a constaole'
and he was to have been hanged On
December %. Several weeks ago Gov
nor Ansel granted a respite to the
negro until January 27. The case was
decided by Governor Ansel independ-
ent1v Of a review by the State board
Of pardons.
To q. S. Supreme Court.
Following the conviction Of the
negro in Orangeburg county, an ap-
neal was taken to the South Carolina
supreme court, where the judgment OF
the lower court was affirmed. Ine
case was next appealed, on writ OF
error. to the United States supreme
court, but there being no federal ques-
ton involved, the appeal was dismiss
ed. Until several months ago the
case Of Franklin was handled by TWO
negro lawyers, Moorer & Adams.
When the appeal had been dismiss
Fed by the United States supreme court
the case came back to the State su-
preme court. An order was issued Tor
the Orangeburg court to assign a cay
for the execution of Franklin. In the
meantime a new trial was asked in the
Orangeburg county court, on the
grounds of after discovered evidence
~Tho new trial was refused and again
the case came before the State su-
preme court. While this appeal was
pending, it was decided to abandon the
cause and ask that Governor Ansel
commute the sentence of Franklin. II
Is that petition that Governor Ansel
acted CA. ....
Carefully Considered.
= "1have given great deal of thought
to this application and the law lnVolV-
ID. in the case," says Governor Ansel
in committing the sentence.
In 1907 a warrant was issed IN
orangeburg county for the arrest OF
Pink Franklin, on the charge OF 7ao-
1ating an agricultural contract. Tne
warrant was issued by one of the mag
istrates Of that county. The date OF tne
warrant was May 25, 1907. H. E. Valen-
tine was appointed as special con-
stable t.. execute the warrant. he olo
not attempt to make the arrest until
fhe morning of July 20, 1907, over SIX
~ days afte1 it had been issued.
Frsnklin, at that time, was living on
the land of a Mr.. Spires.
"T am satisfied that the warrant was
.a1awful one at that time, as the act OF
the legislature under which this war
ont was issued had not then been de-
c7ared unconstitutional" This. COM
ment is made by Governor Rnsel'
Not Apprised Of Mission.
According to the testimony, H. E.
Valentine took with him ". NJ. carter
70 assist in serving the warrant. TheS
went to the house Of Franklin ABOUT
DAYLIGHT" on the morning OF July ~
1907. Mr.. Carter testified that they
knocked at the door and called, but
ont no answer. 'They did not state
who they were or that they had a war
rant or what their mission was, says
Governor Ansel, in the connutatlon'
Mr. Carter went to the reaS Of the
house, and Mr.. Valentine;%en in the
front door. The firing began, several
shots being fired close together. Dur
ing the difficulty that ensued Mr. VAL
entine was mortally wounded; Mr.. Car
ter, Franklin and the latters vile re-
ceiying flesh wounds ,so,
I'm the communication, Governor Ansel
4tates that Judge J. G. Klugh, Wno
card the case, requested executive
clemency. Ee also states that Sollcl-
or P. T. Hildebrand had been before
linn and contended that the sentence
hould not be interfered with.
Thus ends one Of South Caro1na
most celebrated criminal cases OF re-
cent years.