The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1911-03-02
WILL NOT WEAR STRIPES
MAI. JOHN BLACKS SENTENCE
COMMITTED BY GOV. BLEASE.
Sentence of Five Years in Peniten-
tiary COMMITTED to Fine of
$4,000.

John Black, a former State officer
who was under sentence to serve five
years in the State penitentiary, was
last Monday given a commutation Of
sentence by Gov. Blease. This created
little comment in Columbia except
that it was expected that the COVER
nor might wait until the supreme
court had heard the case before he
would take action.
On the night when the election re-
turns from the State Democratic pri-
mary announced that Mayor Blease
was a choice of a majority of the
Democratic voters for governor, in
the fullness of the moment he avowed
his friendship for John Black whom
he saw in the crowd of friends con-
graduating him and it has been un-
derstood in Columbia since that night
THAI John Black would at some time
receive executive clemency.
Gov. Blease did not give {" pardon
without any restrictions, but modified
the sentence of the court by ordering
the alternative of a fine of $4,000.
Judge Ernest Moore, the special judge
trying the case at Chester, refused
to allow Maj. Black an alternative of
fine but on account of the affecting
appeals of the convicted mans
friends and on account of his physi-
cal condition decreed that the pun
ishment should be Imprisonment
without labor.
There was not the formal petition,
"numerously signed" referred to
Judge and solicitor, etc., and in re-
quest for information, Gov. Blease,
through his secretary, stated:
M. P. Howell, Henry w. Black
and Maj. John Black called on me
this morning and after the confer
ence commuted the sentence of Maj.
Black" This is the statement made
by Gov. Blease when asked as to
whether a petition had been filed for
communication of sentence.
Mr.. Lyon Has Nothing to Say.
Attorney General Lyon was asked
Monday if he had any statement to
make with reference to the action Of
the governor. He declined to say
anything whatever. He has no fur
ther charges pending against Maj.
Black. The fine, when paid, will go
to Chester county.
There is no record in the supreme
court of the Black case. Notice was
given in the usual form, at the con-
clusion of the trial in Chester, of an
intention to appeal, and the notice
was entered upon the record of the
general sessions court for that coun-
ty, but no steps to bring the case up
to the supreme court had been taken
Judge Moore had refused a new
trial and Mr.. Lyon was assured by
lawyers in. the case that the supreme
court would Of necessity decide
against defendant. :"
Maj. Black is barred now forever
from any vindication he might have
been able to secure at the hands OF
+bo ,o,,,+, iE b91E}ti
Tantamount to a Confessiiopn,; siiopn,;.on
Acceptance of commuttatipn epg
Maj. Black terminateso .autto}m4aattical1 uto} Al
ly, his pending appeal to the supreme
court. Acceptance of pardon
has the same legal effect as 4, CON fess5s
sion of guilt or 81 of the i ae&&iste4eeD Dof Of
state of facts from from which Judgment
of guilt would follow {0Ehhcyycc. raw raw,
vol. "a, p. 57s.j|6fhssn same 2lP al uthori;
ty says: "sinace' THE Sasasltta3s acceptance SRA 81
pardon admnHts TIE TIE recipient s, s, guilt.
when pardon dei 1fs@iaaae IS accepted, peaadiRng aadR
an appeal its Ga GaacceelpHtahce elHt IL operates as
an admtssio1np that the criminal was
rightly 9e95hVVfRcted tdi5a and theareeforeS Sn1 coz
sttdte pggo facts tto59a wal Waiver e Of 2 excep sp
ttfhdns ttfhdns taRen1 1t tie t9lh tr9lal. "PardEoln aid y
Standardization iS'0eias are eciassea as s sof o a
piece. In this case ls thes q appeal pc had had
not Been1iperfeeted 7ahdd fnthhdisr nthhdis the
practise Sutlfhed nffo6af ffo6f' 'ddistRissai1 81 stha
appear sneed Hbt abg foiioWed:1 $50
where paraonqs gfansed,n naecepted
and brought to- the 4etehtioHj tot thg
court, pending All appeaEstha aap1
peal whip be dIsm7ssed. PSI '"THe acrifmnE
tnag""says the SAME authority, Can
not be 'forced'to accept pardon::''i"
2nHenry' GWi.d Black = who called Oh
Gov: Blease Monday mornfng g is a
brother of Maj. Black and was men
toned frequently in the testimony In
the case at Chester He was ex-
coriated very severely by w. F. Ste
venson in the closing speech to the
jury. I'M! P. Howell was John Blacks
attorney in tho oase - 'Ha is; a ~ r.