Lexington gazette. [volume] (Lexington, Va.) 1871-1962, 1912-04-03
Governor Mann COMMITTED Sentence
Of S. M. Lindsay

the sentence Of one years imprisOn-
ment in the penitentiary for man
slaughter of former Policeman S. M.
Lindsay to four months in the coun-
ty Jail. He has already served one
month, and SO there remains but
three months more to serve.
This information came last Thurs
day TO Mr.. Hugh A. White by tele-
phone from the private secretary of
Governor Mann, and late- in the
day telegram was received con-
firming the news. Saturday morn
ing Tailor Jackson, as deputy sher-
if, received the official paper from
Mr.. B. o. James, Secretary OF the
Commonwealth, under the seal of
Virginia, in which the Governor
says:
Il. VIM. Hodges Mann, Governor Of
the Commonwealth ofVirginia. have,
by virtue of authority vested in me,
committed and do hereby commute
the said sentence to Imprisonment
in the County Jail for the term OF
four months, and do order that he
be discharged from imprisonment
at the expiration of said committed
term.
The document was under the Les
ser Seal of the COmmonw ealth. at
Richmond. March 2Sth, 1912, and
signed by Governor Mann and 30.
James, Secretary of the Common
wealth.
This action by Governor Mann
was confidently expected by Lind
says friends. In fact, some thought
that the Governor might grant the
prisoner full pardoo. Persons in
close touch with the situation felt
confident that Governor Mann
would not ignore the strong petition
sent from Lexington and signed by
large number of the most promi-
nent and influential citizens OF Lex
ington and Rockbridge. inclu ding
members of the faculties of the
two schools, business and profess
sional men, ministers, lawyers and
physicians.
The case has been an important
one to Lexington by reason of con-
ditions that have prevailed here for
some years past, conflict between
the officers and an element that has
tried TO set at naught the corstitu
ted authority OF the town.
1t will be recalled that the caus,
4. OF the trouble was the serving of /;
warrant by Officer Lindsay on Hugh
I Cummings at the laster's home OF
l North Main street. Lexington, OF
the afternoon of August 8, 1911. Tn,
t warrant was issued by Justice w
F. Pierson on complaint of JOIN
Ruley, Cummings brother-in-law
D who charged disorder. Lindsa,
q hesitated TO serve the warrant
= knowing the character Of the people
. when Justice Pierson insisted tina
e he discharge his duty, and advis
ing him at the same time to be care
full TO protect himself. Cumm ng
3 was shot while advancing upol
), Lindsay with brickbat in hand ant
l in threatening manner.
At the preliminary investigation
before Justice Pierson, the case wa
sent on TO the grand jury; and o.
September 9th special grand jur
y brought in an indictment for mur
der. The case was called to tria
,. in the Circuit Court of ockbridg
u September 18th, Judge ,. Housto
Letcher presiding. For three day
= the case occupied the attention {
. the court. when the jury failed /
. reach verdict. A new trial wa
held at the November term ard tn
jury returned a verdict OF guilt
November 10th and fixed his pur
ishment at one year in the Stat
" penitentiary, Notice was given
y an appeal, and Lindsay was bale
~ in the sum OF $500. Lindsay d.
cided not to take the case to til
- Virginia Court Of Appeals, but d
- pending on his petition before IL
Governor for pardon. be was take
to Staunson March 9th by Sher
Morrison and was committed to ia