The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1911-01-12
FRANKLIN WILL NOT HANG
GOVERNOR SAVES ORANGEBURG
NEGRO FROM GALLONS.
Convicted in 1907, for Three Years
Pink Franklin Has Lived in
Shadow of Scaffold.

in the State penitentiary. The SEN
tence of death imposed upon the ne
gro in the Orangeburg. county court,
in 1907, was late to-day commuted
to life Imprisonment by Governor
Ansel. This action follows the filing
Of petitions asking Executive clem-
ency from more than a score of coun-
ties and signed by several hundred
persons. There were a number of
petitions protesting against a pardon
or communication.
Franklin was convicted of the
murder of H. E. Valentine, a con-
stable, and he was to have been
hanged on December %. Several
weeks ago Governor Ansel granted
a respite to the negro until January
q. The case was decided by Gov
ernor Ansel independently of re-
view by the State board of pardons.
To u. S. Supreme Court.
Following the conviction of the ne
gro in Orangeburg county, an appeal
was taken to the South Carolina Su-
preme Court, where the judgment of
the lower court was affirmed. The
case was next appealed, on a writ of
error, to the United States Supreme
Court, but there being no Federal
question involved, the appeal was
dismissed. Until several months
ago the case of Franklin was hand
led by two negro lawyers, Moorer
and Adams.
When the appeal had been dis
missed by the United States Supreme
Court, the case came back to the
State Supreme Court. An order
was issued for the Orangeburg court
to assign day for the execution of
Franklin. In the meantime a new
trial was asked for in the Orange
burg county court, on the grounds
of after discovered evidence. The
new trial was refused and again the
case came before the State Supreme
Court. While this appeal was pend
ing, it was decided to abandon the
cause and ask Governor Ansel to
commute the sentence of Franklin.
It is that petition that Governor An
sci acted on.
In 1907 a warrant was issued In
Orangeburg county for the arrest OF
Pink Franklin, on the charge of vio-
lating an agricultural contract The
warrant was issued by one of the
magistrates Of that county. The date
of the warrant was May Is, 1907.
H. E. Valentine was appointed as a
special constable to execute the war
rant. He did not attempt to make
the arrest until the morning of July
20, 1907, over sixty days after it had
been issued. Franklin, at that time,
was living on the land of Mr..
Spires.
"I am satisfied that the warrant
was a lawful one at that time, as
the act of the legislature under
which this warrant was issued had
not then been declared unconstitu-
tional." This comment is made by
Governor Ansel.
Not Apprised Of Mission.
According to the testimony, H. E.
Valentine took with him w. NJ. Car
ter to assist in serving the warrant.
They went to the house of Franklin
"about daylight" on the morning of
July 20, 1907. Mr.. Carter testified
that they knocked at the door and
called, but got no answer. 'They
did not state who they were or that
they had a warrant or what their
mission was" says Governor Ansel,
in the communication. Mr.. Carter
went to the rear of the house, and
Mr.. Valentine went in the front
door. The firing began, several
shots being fired close together.
During the difficulty that ensued
Mr. Valentine was mortally wound
ed, Mr.. Carter, Franklin and the
latter's wife receiving flesh wounds.
In the communication Governor
Ansel states that Judge J. c. Klugh,
who heard the case, requested execu-
tive clemency. He also states that
Solicitor P. T. Hildebrand had been
before him, and contended that the
sentence should not be interfered
with.
The Communication.
The following is the communication
by Governor Ansel:>
.sIn re Pink Franklin. Petition
for pardon or communication of SEN
tence: The petitioner Pink Frank
lin, was tried at the fall term, 1907,
of the Court of General Sessions for
Orangeburg county for the killing Of