davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1913-04-01

pathetic considerations which appeal Sc
powerfully to the hearts of civilized men,
to the end that the upholding of the judg-
rlents of the courts in full vigor and
power might stand as a warning to fu-
ture violators of the law and as pro-
tecting shield to the citizens of this state
who may hereafter incur the enmity OF
violent man.
IN the consideration of these applica-
ations for executive clemency the mem-
bers of the board of pardons and l felt
very deeply the responsibility that rested
upon us and devoted the most anxious
consideration 10 the arguments and ap-
peals advanced in behalf of these unfortu-
nate men. After the fullest considera-
ton. carefully and patiently given, we
have reached the conclusion that the ends
Of justice require that we should not
interfere with the just verdict of the
courts. 1t is distressing fact that pun
ishment cannot fall upon the guilty with
out falling likewise upon the innocent,
but that is condition of life which would
obviate all punishment, II considered and
render ineffective the complex machinery
with which civilization strives to protect
itself There is in the administration of
law in this thoughtful day no spirit of
the lex talionis. Against the unfortunate
individual who incurs its punishment.
there is no feeling of revenge. Punish
ment is designed primarily to warn those
who may be similarity inclined to dread
full crimes against the dreadful conse-
quences of their act. 1t having been, and
in our opinion properly so, determined
by the juries in these several cases that
the character of the warning should be
the most striking and impressive possible,
we are clear in our conclusion that to
interfere with the execution of these SEN
tences would be to seriously impair the
administration of justice and greatly en-
danger the most valuable rights of the
people at large.
'The situation with reference to the
case of n. e. Barto Reid. who also made
application for clemency, was broadly
differentiated by the facts from the cases
under consideration from Montgomery
and Jefferson counties The solicitor who
prosecuted for the state, the judge who
tried the case and saw the witnesses,
and whose trained minds were capable
OF reaching the most accurate conclusion
as to the facts. and the judge of the
supreme court who affirmed the case,
each recommend a communication of the
sentence. The pardon board concur in
their recommends ton. These officers OF
the state, particularly the trial judge and
solicitor have the states interest largely
in keeping They had first hand familiar
ity with the facts. They were part oil
the machinery which rendered the verdict
and belong to that branch of the gov
ernment whose actions the executive
should support In Difference to their
opinion it was believed to US that the
public welfare would not be advanced
fully preserved by infliction of the al
tentative punishment, and his sentence
has, therefore, been commuted to i'm
prisonment for life.
The Birmingham age-herald., 1913-04-01
GREENWOOD HEADS
GAR. OF THESTATE
EnsIey Man Elected Yester-
day at COnvention-Gen.
Seeley Here

The state convention OF the Grand
Army of the Republic was held yesterday
at Fraternal hall and Joseph Greenwood
OF Ensley was elected commander of the
department of Alabama. Other officers
chosen were Charles c. Mango of An
niston, senior vice commander; d. J.
Karg of Florence, Junior vice comman-
der; DR.. N. w. Wright of Decatur, med
ical director; the Rev. A. N. Ballard OF
Birmingham, chaplain; assistant adjutant
general and assistant quartermaster gen
eral. c. C. Chaplin of Birmingham; DR..
A. S. Ballard, departmental patriotic
instructor.
Birmingham was chosen as the meet
ing place for the next convention. the
dale to be announced later.
Adjutant General Henry J. Seeley of
Bridgeport. Conn, was present at the
session OF the order and made a talk
to the veterans.
Last night n camp FIRE" was held.
The following programme was carried
out:
Trumpet. Assembly. Frank Miller;
hymn, America" quartette and assem-
bly,; recitation "Our Country Miss II.
Snow; song, Betsy Ross Miss Helen
A.. NJ Hack; trumpet Hail to the
Chief" Frank Miller; escort with Adju-
tant General Seeley enter national sa-
lutte; presentation of banner to depart
ment G. A. r. by Custer Corps No. j,
W. r. c.; address. 'rhe G. a.. r.. and
Other Patriotic Societies fof the United
States Adjutant General Seeley song,
star Spangled Banner" quartette song,
''fenting on the Old Camp Grounds
quartette general reception to adjutant
general and visitors; refreshments served
by Womans Relief Corps; trumpet,
TAPS" Frank Miller.
The Birmingham age-herald., 1913-04-01
TWO NEGROES ARE
KILLED IN DALE
One Dead as Result of Gam
bling Game, the Other
Domestic Troubles :.

Ozark March 31.-(Special) dale
county soil is again stained by the
blood of two of its colored citizens
Tally Welch killed Ellis Hamilton at d
negro church four miles above Ozark
lat 10 o'clock last night. The difficulty
grew out of the trial of Hamilton for
|alleged meddling with Welchs family.
In trying TO separate them the negro
preacher presiding at the trial had his
hand slashed. The slayer nearly sew
lered the dead mans head from his body.
Sheriff Parrish was notified and within
a few hours had Welch in jail.
A negro named Ward shot to death
another negro named Bob Hadley at
Midland City Saturday night They
were gambling and when Hadley picked
up 35 cents he had won Ward drew his
gun and shot him to death. After an
exciting chase all Sunday Sheriff Par
IRISH landed his man in jail
The Birmingham age-herald., 1913-04-01
GOVERNOR O'NEAL
WILL NOT COMMUTE
DEATH SENTENCES
(Continued from page One)


the determination of matters of this
character. An application for pardon
must of necessity admit the existence
of guilt of the crime for which the
pardon is asked. The question of guilt
or innocence Is for the courts, for the
determination of which they are in
stltuted Their findings upon these
questions are not to be reviewed by
the executive without seriously impair
ing that stability of law and order
which their judgments support The
question of the guilt or innocence of
the defendant is not, therefore, one
proper to be considered on an appllca-
tion for executive clemency The ap-
plication for the pardon implies ana
is based upon the admission of quit
and seeks relief from the penalty OF
the law as an act. not of justice, but
of mercy. Tho question of justice Is for
the courts and ends with them. The
granting of executive clemency is, as
IT is expressed in the law books an
act of grace by the pardoning board
and is properly exercised only when the
public welfare will be as well and as
effectively served by a suspension of
the sentence as by it's execution.
Under the laws of this state capital
punishment is the extreme penalty for
q certain small class of crimes. 1t is
imposed by a jury selected under a
system which safeguards the rights OF
a defendant on trial. Such jury hears
the evidence, observes the demeanor of
the witnesses testifying, and is, there
fore, better qualified to ascertain and
report the truth of the facts in issue
than is any other authority. Those TO
whom application for c1emency is made
can only be informed of the facts by
ex parte statements or written testi-
mony and lack the opportunity of test
sng the truthfulness of witnesses by
observing those personal signs which
are a valuable aid in reaching just
conclusion as to the weight OF the tes-
rimony. SO long as the laws of the
state recognize death as proper pun
ishment for certain character of crimes
and so long as juries, acting, no doubt,
under a solemn sense of responsibility
to the public welfare, impose it as a
punishment the executive is powerless
to abrogate the law and in effect re-
peal II by setting aside such sentences
unless there had been subsequent to
their pronouncement some development
that would make a suspension harmon
ize with the public good.
In five of the cases under corsidera-
ton at this meeting of the board, no fact
was brought TO our attention which had
not already been presented to the jury In
defense of the charge and passed upon
by the jury adversely to the defendant.
Under these circumstances, 1t was not
observed how the communication of these
sentences could affect other than ln1uri-
ously, the general public, and tend to
make life less secure.
with every natural disposition to
mercy, we felt constrained by our sense
of public duty, to overcome those SYM
The Birmingham age-herald., 1913-04-01
ASSESSMENT BOARD
COMPLETES WORK
Various Railroads of State
Have Been Under Exam
inatiOn of Assessors

Montgomery, March s1.-(special)- 1.-THE
state board of assessments today con-
cluded their assessments of the various
railroads of the state. The board has
under its jurisdiction the assessment OF
the road beds, right of way, rolling stock
and telegraph poles and wires. The board
WIN announce its assessments within the
next few days.
The franchise assessments of the rail-
roads of the state are NOW being consid-
cred by the state tax commission. The
commission held a brief session Monday
morning, and during the next several
days the commission will be at work on
franchise assessments.
The Birmingham age-herald., 1913-04-01
SPRECKLES REFUSES
AMBASSADORSHIP

Washington. March 31.-Rudolph Spree
kles of San Francisco is slated by Presi-
dent Wilson for appointment to for
eign diplomatic mission. He was said
this afternoon to be foremost among
those in the Presidents consideration for
ambassador to Germany.
, San Francisco, March H.-Rudolph
Spreckles declines positively to serve as
american ambassador to Berlin. At his
offices here he said today that he is in
receipt Of no official notification that his
name is under consideration by Presi-
dent Wilson and that therefore he cared
to comment only briefly to the effect
that he believes his best usefulness will
be conserved BY determination to ac-
cept no public Office.
The Birmingham age-herald., 1913-04-01
Weather Conditions

Birmingham, March 81 q p. MA long,
narrow ridge of barometric pressure ex-
tends diagonally across The country on
tonights map from the Pacific northwest
southwark to Florida. Relatively lower
pressure ovefles the southwest and the
northeast sections of the country
This distribution of pressure has caused
fair and pleasant weather over the entire
southern and central portions of the coun-
try, and also the upper half of the plains
sections. Rains attended by high winds
have been general over the great lakes
and the north Atlantic states.
Temperatures have fallen along the east
ern side of the ''hgh,' the change being
most marked over the upper half of the
great central basin and the lake region.
The Birmingham age-herald., 1913-04-01
Witness Declares He Was
Offered Money to Swear
for Walter Jones
OTHER DAMAGING
TESTIMONY GIVEN
Carter Declares Having Heard Con.
yersation Between Yandiver and
McCord Wherein Former
Said He Was Putting Up
Money for Jones'
Defense

Montgomery, March 31.-fSpecial)--" IL
you swear for Walter Jones you will
make a pile of money" This evidence
purporting to be a statement OF Henry
T. vandiver to f. S. Debardeleben. made
after C. Walter Jones had been impris-
oned on a charge of killing Sloan Rowan
was given to the jury trying Vandiver
by Debardeleben Monday just after Gus
Carter had testified that about January
/. 1872 he overheard conversation be-
tween Vandiver and Jones in which VAN
diver said: 'fI am getting tired and IL
you do not kill that -- will shake
you.''
Carter also testified that he heard a
conversation between yandiver and Leon
McCord and that Vandiver said he was
putting up the money for Jones defense
at the time showing two guns. Garter
said he talked with Jones about week
before Rowan was killed July 16, and ad-
viscd him to quit Vandiver, but Jones
told him vandiver had him in such a
position he could not. The witness swore
that he told Jones that the people of
Benton, Rowap's home, were against
Vandiver and that he received the reply;
"Vandiver will come off OF my bond il
| do not stick to him.
Sheriff Horace Hood testified that he
was with Vandiver and Jones three
mofths before Rowan was killed and
heard Vandiver tell Jones that Rowan
was talking about Jones' Wife
The witnesses were called by the state
to corroborate the story told by Jones
during the latter part of the week. Jones
will be hanged Friday for his part In
the murder
The Birmingham age-herald., 1913-04-01
DISTRICT MEETING
HELD AT STOCKTON

Bay Minette. March M.-(Special.) )--The
convention of the Second district of Bald
win County Sunday schools was held 1T
Stockton Sunday and ths meeting proved
to be ono of the most interesting In the
history of the district.
During the course of the convention
Sunday. collection was taken up for
the Lower Peachtree sufferers, and near
ly s37 was pledged and paid in cash.
The members of the reception and en-
tertainment committee of the May Min
etts Agricultural and Civic league have
I~en called together for Tuesday niynt
for the purpose of perfecting plans for
the entertainment of the delegation which
will arrive on the Mobile booster excur-
sion.
The Birmingham age-herald., 1913-04-01

, Over the southern half of the country
temperatures have remained practically
stationary.
As the high" moves eastward. press
ures will fall over this section, and the
winds will veer into a southely quarter.
Tuesday should be fair and pleasant.
Wednesday may become rather unsettled,
with probable rain by night. Tempera-
lures should continue moderate.
Summary of observations made at
United States weather bureau stations
March 3l
Tempture
or
The Birmingham age-herald., 1913-04-01
fertilizer TAGS
. BRING IN NEAT sum
Treasurer Receives Nearly
$4,000 From Sale of Tags
and Registrations

Montgomery, March a.-(Speciall-
Nearly $4,000 was turned over to the
state treasursr during the month oi
March by the state department of agri-
culture and industries for the sale of fer
tilizer tags and registrations. The re
ceipts of the department were approxi-
matey what they were during the month
OF February. with slight excess in favor
of March.
The receipts of the department from
the sale of fertilizer tags during tht
month amounted to $e6. $685. while thu
receipts of the pure food and drug de
partment were s2,3S7.65.
During the past two months the de-
partment has had a heavy sale of fer.
t;lizer tags, a condition which USUALLY
obtains during the early months ol
spring.
The Birmingham age-herald., 1913-04-01
DIR. R. G. WooDsoN

Wishes to announce that he
has novel his office to the 4th
floor, Woodward building.
Practice limited to eye, ear.
nose and throat.
The Birmingham age-herald., 1913-04-01
Want Bond Issue

Lincoln, Neb., March a.--A delegation
Of Omaha men today asked the legisla-
ture to pass bill authorizing Douglas
county to issue 100000 bonds for re-
building the Trinidad and Omaha tor
nado districts.
The Birmingham age-herald., 1913-04-01
EVENTS OF TODAY

City commission meets at 3 o'clock.
Dinner by the Ad club at $50 o'clock
at Gold Lion tea room.
Judge Grub to resume hearing on
ale of Alabama Consolidated Coal &
ron company at 2:50 o'clock in federal
,ourt rooms.
The Birmingham age-herald., 1913-04-01
At the Theatres

Jefferson-Soc Circus, $50 o'clock
}. m.
Bijou-Thurston, the Magician, 2:So p.
a. and $50 o'clock. p. m.
Majestic Around the Clock 2:3o, 7;SO
nd o'clock, p. m.
The Birmingham age-herald., 1913-04-01
Weather Forecast

Washington, March sl.-Forecast for
Alabama, Mississippi and Tennessee: GEN
orally fair Tuesday and Wednesday
Georgia: Fair Tuesday and propapiy
Wednesday,
The Birmingham age-herald., 1913-04-01
MASONIC NOTICE

SPECIAL COMMUNICATION OF
KING SOLOMON LODGE NO. 400, A. r.
AND A.. NJ. TUESDAY, 7s3O r.. NJ,
APRIL 4. WORK IN NJ. NJ. DEGREE,
FULL CEREMONIAL FORM. ALL
MASTER MASONS CORDIALLY In
VITED.
The Birmingham age-herald., 1913-04-01

TO CURE COLD IN ONE DAY
Take LAXATIVE BROMO Quinine Tab
let's. Druggists refund money II 1t fails
to cure. E. w. GROVES signature 10 on
each box. 25c.
The Birmingham age-herald., 1913-04-01

attendance is urged by the president,
Mrs. e. l.. Huey, as delegates to the
state convention which will be held al
Camden in May, will be elected
The Birmingham age-herald., 1913-04-01

InyiRoratinE to the Pale and Sickiy
The old Standard general strengthen
ing tonic, GROVES TASTELESS chill
TONIC, drives out Malaria, enrichcs
the blood. builds up the system. true
Tonic. For adults and children. soc.
The Birmingham age-herald., 1913-04-01

william Lacey, who has been assistant
surerfntendent at Dolomite for the past
few years, has been made superintendent
of the red ore mines at Woodward ana
has entered upon his duties. Mr. Lacey y
tha con of DR.. e. p Lacey Of this city
and IS a, graduate of Auburn and has
been with the company since his gradua-
ton
The Birmingham age-herald., 1913-04-01

The Ladies Aid society of the First
BAPTIST church held an enthusiastic
meeting this afternoon at the nome OF
Mrs. B. f. Perkins, with larse a.lcn-
dance An orphanage collection was TAX
en- and mans were completed for the sill
YER tea which will be given THURSDAY
a afternoon from 3 to o'clock at the
home of Mrs F.. NJ Owen.
The Birmingham age-herald., 1913-04-01

The members of the "Wednesday Music
club are requested to meet a the MONT
~ Ntrs =, Wright on Sixth avenue
wednesdsv afternoon at o'clock ,as inl-
portant business will. be considered.
The Birmingham age-herald., 1913-04-01

The United Daughters of the Confed-
eracy VIII meet with Mrs. VIII Cum
ningham at ) O'Clock at her home at
woodward, instead of at Mrs. II r Roh-
inson's as has been announced A fnl,
The Birmingham age-herald., 1913-04-01

The self denial offerings for the Lenten
season were returned at the First Metho-
dist church, the sum amounting to near
.ly $500. A number of the members Of
the church gave their experiences in
the way. they made the money and the
denials they made for the season.
Semi-weekly herald., 1913-11-03
NOTICE OF ADJUSTMENT DAY.

Estate of Mamie R. Shields, Deceas
ed.
The undersigned, having been ap-
pointed Administrative of the estate
of Mamie R. Shields, deceased, late
of the county of La Plata, in the state
OF Colorado, deceased, hereby gives
notice that she will appear before the
County Court of said La Plata coun.
ty, at the Court House in Durango,
in said county, on Monday, the 18th
day of November, A. d. 1913, at the
hour of 10 o'clock a. m. of said day,
at which time all persons having
claims against said estate are noti-
fled and requested to attend for the
purpose of having the same adjusted.
All persons indebted to said estate
are requested to make immediate pay
ment to the undersigned.
Dated at Durango, Colorado, this
18th day Of October, A. d. 1913.
MAY 8. KAYLOR,
Administrative of the Estate Of
Mamie R. Shields, Deceased.
RUSSELL & REESE, Attorneys.
First Publication Oct. 10.
Last Publication Nov. 9,
Semi-weekly herald., 1913-11-03
,uy lower-if they can help it. Un.

buy lower-if they can help it. Un-
til they voluntarily sell lower, q, a,
so because of foreign competition,
the American consumer through the
new tariff law, is not going to hit
body blow to Mr.. Hi Cost O'Liying.
Within year, Democrats declare.
prices will be generally lower, Spring
togs and Easter bonnets for 1914
may be cheaper Downward trends in
clothing already are reported.
Estimated tariff taxes on imports
next year are s270,000,OOO, Sal ,000,-
900 less than last year. This is the
indirect tax or tariff tribute paid
by consumers. The saving for each
of 95,000,000 people would afford on
its face only 43 cents annually. Eut
greater gross national savings are cx-
pected. Also, Democrats believe for
eign competition as well as home com
petition, will force down, by millions
of dollars, retail prices of American
products for goods worth millions,
formerly dutiable, now come into
America free. Reduction of MARA
featuring costs through free listing
machinery, Democrats contend will
permit manufacturers to sell cheaper.
Semi-weekly herald., 1913-11-03
STORM SWEEPS GOLD
UPON ALASKAN COAST

NEW ALASKA, Oct. 30.-Old time
miners who have had years of exper-
ience in the far north were of the
opinion today that the storm which
wrought such havoc here six weeks
ago, swept enough gold bearings up
on the beach to more than pay for
the damage done by the elements. The
loss was estimated at over $1,O00,0OO.
After every storm here the miners
pan the new sand cast up and find it
highly profitable. Although the bot
tom of the sea in the vicinity of Nome
is rich in gold bearings and, no meth
cd has ever been devised by which it
could be brought to the surface.
Semi-weekly herald., 1913-11-03

Says the editor of the Aztec Index
of the editor of the Pennington
Times Hustler: VIM. Butler, who pre-
sides over the religious and political
destiny of the Pennington Times
Hustler, as side issue to raising
Elberta peaches, was a caller at this
brain mill yesterday. In strictly
confidential exchange of trade sec
rets, he told US that the Hustler was
obliged to support the doggone orch
ard and that hogs and alfalfa looked
good to him, providing he could get
his wife or little son to do the nee
essary work. We advised him to get
an automobile if he was hunting
trouble.
Semi-weekly herald., 1913-11-03
ORDER.

State of Colorado, County of La
Plata, SIS. In the District Court.
In the matter of adjudication of
priorities of water rights in Water
District No. 80, Colorado, Rio Los
Animas and its tributaries.
On application of the Referee Tor
direction in the above entitled cause,
it is here now ordered:-
That the Referee do give full no.
tice to all parties concerned that he
will, at the hour of 1000 o'clock in
the forenoon of Monday, November
10th, 1913, hold a session at the Dis
trict Court Room at the Court House
in Durango, Colorado, for the pur-
pose of hearing any further testimony
that parties Interested may desire to
submit, and for doing any other pert
inent matter in the premises; that
such hearing be continued from time
to time until all such testimony shall
be heard, but to be concluded and the
taking of testimony closed within
thirty days from said November 10th,
1918, unless the Court shall other
wise order;
That this order and the taking and
closing of such testimony shall apply
not only to the Animas River, prop
er, but also to Ebert Creek, Hermosa
Creek, Junction Creek and Water Fall
Creek, the Florida River and all other
tributaries of the Animas River with
in said District.
That certified copy of this order,
together with the notice of said Ref
cree shall be published for two issues
in each, The Durango Weekly Dem
ocrat and The Durango Weekly Her
aid; and copy of the printed order
and notice shall be mailed promptly
by the Clerk of this Court to each
attorney, or firm of attorneys, in the
City of Durango, Colorado, and to
each claimant, whose statement is on
file, at his last known address.
Done in Open Court this 29th day
of October, 1913.
w. N. SEARCY, Judge.
l, Clement L. Russell, clerk of the
District Court in and for the County
of La Plata, Colorado, do hereby GER
tify that the above and foregoing is
true and correct copy of an order
made and entered in the matter
above named on the goth day of Oc-
tober, 1913
Witness my hand and official seal
this 29th day of October, A D. 1918.
CLEMENT L. RUSSELL, Clerk.
NOTICE is HEREBY GIVEN
That |, o. S. Galbreath, Referee in
the above entitled matter, will be
present at the District Court Room,
at the Court House in Durango, Colo
RADIO, at the hour of 1000 o'clock in
the forenoon, Monday, the 10th day
of November, A. ID. 1918, to hear any
further testimony parties interested
may desire to submit, and to do and
perform any other duties incumbent
upon me as such Referee, and that
meetings will be held from day to
day, if necessary, to comply with the
terms of the above set out order.
All parties concerned and their at
torneys desiring TO submit further
testimony or ask for other action
will govern themselves accordingly.
o. S. GALBREATH,
Referee.
First Publication Oct. 80, 1913.
Last Publication Nov 1919