Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-02-28
TUESDAY, FEBRUARY 2s, 1911.

= have recalled the papers that were
in their hands and l do not Intend TO
refer any more cases to them.
Which means the practical abolish-
ment of the board, If the governor
stands by his expressed intention; yet
the law requires that the board shall
meet regularly, on the first Wednes.
day of each quarter, and so 1t Will
continue to meet, its members draw
ing 81 per diem and their mileage
although their occupation be gone.
The governor has not the power to
abolish the board. nor Is 1t within the
discretion of the board to neglect the
attending of the regular meetings
merely because the governor has ceas-
ed to refer to it any matters for con-
sideration. The board Is composed
of Messrs. r. Mayes Cleveland OF
Marietta; c. A. Savage of WATERFORD
and Washington A. Clark of Column
bia. Mr.. Cleveland being chairman
and Mr.. Clark secretary. Mr.: say
ages term expires next month, MT
Cleveland's about a year hence anu
Mr.. Clark's two years hence.
A dispatch from Greenville says
that the man who killed Officer o. 3,
Gunnels on February II, and wounded
Officer Johnson, has been found. He
is one of two negroes who were lyncheo
by a mob in Warren county, Ca, last
Friday night. The lynching was for
the killing Of Conductor Thompson OF
the Central of Georgia railroad. The
conductor was trying to eject two ne
groes from his train and they shot MIN
to death on the platform Of one OF the
cars. The officers got after the ne
groes, captured one of them and put
him in jail. The other negro escaped
Later a mob broke open the jail and
got this negro along with another VINO
was also wanted for murder, took them
to the outskirts of the town and nang-
ed them. The bodies were sold to the
medical college in Atlanta and detec.
tives notified the Greenville police that
one of the men was Arthur Young, who
answered the description of the negro
wanted in Greenville. The dispatch
SAYS the Greenville police believe that
Young Is the right man. An Atlanta
dispatch Of Sunday tells the story OF
the Identification and capture Of Young
as follows: Arthur Young, lyncheo
with another negro murderer at war
renton, Ca, last Friday night, pc
ing taken from Augusta jail by an IN
furiated mob, boarded a Georgia train
at Camak last Wednesday and when
questioned by Conductor w. w.
THOMPSON and a railroad detective
pulled his pistol from his pocket and
fired. killing the conductor. The negro
was himself wounded by passengers
and captured. He has a long llst OF
crimes in both states. He was traced
by Greenville authorities to Augusta,
who lust missed him before the lyncn-
ing. His body was sold to the Atlanta
College of Physicians and Surgeons
by the sheriff Of Warrenton. He was
recognized from scars and wounds oy
officer Rector, VINO will carry the BODY
m Greenyille for purposes Of identifica-
tion and reward. The negro had many
aliases and was known to have been
one of the most desperate characters.
He probably feared arrest for the
Greenville killing when he shot Con-
ductor Thompson, as no proVocatlon
was given.
- Columbia, February %: Major
John Black of Columbia, former di-
rector Of the state dispensary, will not
be required to serve five years in the
penitentiary for defrauding his state.
Governor Blease today commuted his
sentence from five years in the peni-
tentiary to a fine Of $4,000. MAJOR
Black may serve his sentence II ne
so desires. He was convicted at Ches-
ter in the fall of 1910. His code
PENDANTS, Jodie NJ. Rawlinson and j.
Lee Solomons, were acquitted. inns
exercise of executive clemency In
Major Blacks behalf recalls Govern
or Blease's often-repeated declaration
on the stump, II stand by my friends,
and his statement in the senate, when
1t was proposed to allow the attor-
ney general a special fund for the
prosecution of dispensary grafters,
that John Black was his friend and he
intended standing by him; and II
necessary / will go to the penitentary
with him." Acceptance Of commu-
tation by Major Black terminates, au-
tomatically, his pending appeal to the
supreme court. The law books say
also that acceptance of pardon mas
the same legal effect as confession
of guilt or of the existence of a state
of facts from which judgment OF guilt
would follow" and the same authority
says: "Since the acceptance OF par
don admits the recipients guilt, when
a pardon is accepted, pending an ap-
peal its acceptance eXonerates as an
admission that the criminal was rigid
ly convicted and therefore constitutes
ipso facto waiver of exceptions
taken at the trial." Pardon and
Communication are classed as of a piece.
In this case the appeal had not been
DeTIeCleu anu lHuS lllC PlaSliSO Wv
lined for dismissal of the appeal need
not be followed: $50 where pardon
is granted, accepted and brought to
the attention Of the court, pending an
appeal, the appeal will be dismissed"
THE criminal" says the law books,
cannot be forced to accept pardon.
Governor Blease issued the commu-
tation without comment, merely di-
recting his private secretary, Mr..
Alexander Rowland, to make out the
usual form. When this had been
signed in duplicate, a copy was placed
in the drawer where documents in
tended for the inspection Of newspa-
per men are deposited. The order of
Communication, signed Cole L. Blease,
governor" is as follows: Whereas,
at court Of general sessions and
common pleas, begun and holden at
Chester, at the November term, 1910,
before Judge Ernest Moore, one John
Black was convicted Of conspiracy to
defraud the state and was sentenced
to five years in the state penitentiary.
Now know we, that for divers good
causes and considerations me here
unto moving. I have thought fit to
commute and by these presents dc
commute the sentence of the said
John Black to five years in the state
penitentiary or to pay fine OF ST.
900. Given under my hand and the
seal of this state. in Columbia, this
Nl,,A Of