Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1911-01-11
COMPUTES NEGRO'S SENTENCE.
Governor Saves Negro Convicted OF
killing Constable Valentine.

|
will spend the remainder of his days
in tho State Penitentiary. The SEN
| toncc OF death imposed upon the ne
gro in the Orangcburg county court
in 1907 was late to-day committed to
| life Imprisonment by Governor An
| sci. This action follows the filing Of
| petitions asking executive clemency
| from more than a score of counties
and signed by several hundred per-
sons. There were Il number OF peti-
| tons protesting against pardon or
! cOmmutation.
Franklin was convicted OF the
| murder Of II. j.. Valentine, Il consta-
bic, and he was to have been hanged
on December 23. Several weeks ago
Governor Ansel granted a respite to
the negro until January 81. The case
was decided by Governor AnScl indie
pendently Of review by the State
Board Of Pardons.
To L. s. Supreme Court.
Following the conviction OF the ne
gro in Orangeburg county an appeal
was taken to the South Carolina Su-
prcmc Court, whore the judgment Of
the lower court was affirmed. The
case was next appealed, ON writ OF
error, to the United States Supreme
Court, but there being no Federal
question involved, the appeal was dis
missed. Until several motnhs ago
the case Of Franklin was handled by
two negro lawyers. Moorer 4
Adams.
When the appeal had been dis
missed by the United States Supreme
Court, the case came back to the
State Supreme Court. An ordcr was
issued for the Orangcburg court to
assign a day for the execution OF
Franklin. In the meantime new
trial was asked in the Orangeburg
county court on the grounds OF after
discovered evidence. The new t"ial
was refused, and again the case came
before the State Supreme Court
While this appeal was pending it was
decided to abandon the cause and
ask that Governor Anscl commute
the sentence OF Franklin. It is that
! petition that Governor Ansel acted
on.
Case Carefully Considered.
II have given a great deal OF
! thought to this application and the
! law involved in the case" says Gov
crnor Ansel in committing the SEN
! tcncc
In 1907 a warrant was issued in
, Orangcburg 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 %, 1907.
II. T.. Valentine was appointed as a
special constable to execute the war
rant. He did not attempt 20 make
I the arrest until the morning OF July
%, 1907, over sixty days after it had
been issued. Franklin, at that time
was living on the land OF a Mi
Spires.
IL am satisfied that the warrant
was lawful one at that time, as the
act OF the Legislature under which
this warrant was issued had not then
been declared unconstitutional" "
This comment is made by Governor
! AnSCl
! The Governors Conclusion.
"Taking into consideration ali he
circumstances OF the case, as shown
! by the evidence. together with the
urgent request by the Judge who
! presided at the trial that exercise
clcmcncy. | feel satisfied that the pc.
! titioncr ought not to be pardoncd
but that the death sentence should
be commutcd to life impriSonmcn
/ in the pcnitcntiary.
Wherefore, it is adiudged that
! the sentence OF death heretofore
! passed upon the said Pink Franklin
be, and the same is hereby. commut-
ed TO life imprisonment N the State
pcnitcntiary at hard labor.
M. f.. Anscl, Governor"
| lnfi,.r 'Epnin Iu,u,nI