The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-01-11
MS SENTENCE COMMITTED.
CONDEMNED MAN SAVED FROM
THE GALLONS.
Pink Franklin Goes to tile Pentiten-
tiary for the Rest of His LII
Governor AnseI Reviews the .Ise
at Length and Says He Will Show
Mercy.

Columbia, Jan. 6.-Pink Franklin
will spend the remainder Of his days
in the State penitentiary. The SEN
tence of death imposed upon the ne
gro in the Orangeburg county court
In 1907 was yesterday commuted to
life Imprisonment by Governor Ansel.
This action follows the filing Of a
great many petitions asking executive
clemency. These came from more
than score Of counties and were
signed by several hundred persons.
There were a number Of petitions
protesting against a pardon or COM
mutation.
Franklin was convicted Of the MUIR
| der Of III. e. Valentine, a constable,
| and he was to have been hanged on
| December %. Recently Gov. Ansel
! granted a respite to the negro until
| January 27. The case was decided
by Gov. Ansel independent of a re-
view by the State board Of pardons
| 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 TO federal
| question involved, the appeal was dis
missed on motion Of Attorney General
| Lyon. Until several months ago the
| case Of Franklin was handled by two
negro lawyers, Moorer and Adams,
Mr.. Bonaparte, former attorney gen.
eral Of the United States, fileo a brief
with the United States supreme court
in the negro's behalf.
| 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
| FrankliR. In the meantime a new
trial was, asked in the Orangeburg
county court Oh the grounds Of after
discovered evidence. The trial was
refused, and again the case came be-
! fore the State supreme court. While
| this appeal was pending 1t was de-
| cided to abandon the cause and to
| ask that Gov. Ansel pardon or COM
mute the sentence Of Franklin. It
| Is that petition that Gov. Ansel has
| acted on. This case has attracted no
little attention in the North and many
| appeals have come from the Northern
press.
Following is Gov. Ansers decree in
the case:
THE petitioner, Pink Franklin, was
tried at the fall term, 1907, of the
court Of general sessions for Orange
burg county for the killing of one II.
E. Valentine, was convicted by the
jury. and sentenced by his honor,
Judge J. c. Klugh, the presiding
Judge. to be hanged soon thereafter.
An appeal was taken to the supreme
court Of this State, where the judg-
ment OF the lower court was affirmed.
and on writ Of error to the supreme
court Of the United States. there be-
ing no federal question involved, the
appeal was dismissed. The defend
ant was then resentenced to be
hanged on the 23rd Of December,
1910. and respited by me until Friday.
January 27, 1911. as this petition was
then pending before me.
This is an application to me for
pardon or communication Of the sem
tence passed In this case. have
given q great deal Of thought to this
application and the law involved in
the case.
"A warrant had been issued by one
OF the Magistrates Of Orangeburg
county for Pink Franklin for a viola
ton OF an agricultural contract, said
warrant being dated May 25, 1907. H.
E. Valentine has been appointed as
special constable to execute said war
rant, and on the morning Of the 29th
OF July. 1907, he attempted to make
the arrest. Pink Franklin at that
time was living on the land Of one Mr.
Spires, about IL miles from where he
had been living in the spring on Mr..
Thomas place. l am satisfied that
the warrant was a lawful one at that
time as the act of the legislature un-
der which this warrant was issued had
not then been declared unconstitu-
tionaL
1T appears from the evidence that