The Birmingham age-herald., 1913-04-18
.O'NEAL DECLINES
TOPARDON GRIFFIN
Bullock County Man Sen
fenced to Four Years
HAD STRONG FRIENDS
HAD STRONG FRIENDS
Governor Says, However, That Inter
ference on Grounds Presented to
Him Would "Make Ship
wreck of the Law"

Montgomery, April 17-(special.) )-Gov-
ernor O'Neal today declined to interfere
with the sentence of the court in the case
OF the state against Alto Griffin. white
man of Bullock county. sentenced to serve
four years in the penitentiary for man
slaughter.
Griffin was paroled several weeks age
pending the governors action in the mat
ter.
Several delegations of prominent citi-
zens from Union Springs called upon the
governor in behalf of Griffin, and strong
efforts were made to have him paroled
The state board of pardons was divided
in reference to the case, Attorney Gener-
of the board that executive clemency be
extended to Griffin.
In declining to interfere in the case. the
governor issued a statement outlining his
reasons for not granting parole. There
is rarely case in which a pententiary
sentence is imposed in which public sym
pathy to some extent is not aroused he
said. TO yield, however, to the two
grounds mentioned as basis for clemen-
cy the fact that the party killed had
only resided in the county year and
that the defendant had large and infiu-
entail circle of friends, would make ship
wreck of the law
O'Neal's Statement
The governors statement is as follows
Il have carefully examined the bill OF
exceptions in this case, and have also
read the notes of the arguments and tes-
timony offered before the board of par
tI,A@ 6
conflicting on some material points The
law, however, has provided the tribunal
to consider and reconcile these conflicts,
or, IL they are irreconcilable, to determine
what the truth is. This the jury hassdone.
The defendants version of the facts was
presented to the jury by able counsel,
and the court of review has found that
no errors of law prejudicial to him were
committed, but that he had the fair and
impartial trial to which he was entitled.
Il feel that the verdict of juries and
the judgments of courts should be final
so long as there is sufficient testi-
mony upon which to reasonably base
them Our system of Jurisprudence
does not contemplate that on an ap-
plication for executive clemency the
pardoning power should review the
evidence to ascertain what conflicts were
in the testimony and to give these con-
ferent from that given by the jury.
Advantage of Jury
''The manifest advantage which the
jury has in forming just conclusion
as to the truth by having before them
the witnesses and observing their man
ner and demeanor would make it an
extraordinary proceeding for the execu-
tive power to say they were wrong so
long as there is testimony in the case,
which If believed, furnishes substan-
tial basis for a verdict of guilty. There
was such testimony in this case. Wheth-
er 1t was worthy of credence was a
matter which the jury was much better
able tosjustly determine than am now.
and l must therefore decline to review
the facts as to whether their finding
was correct or not
Another ground urged In behalf of
the applicant is that his application for
|clemency is supported and indorsed by
leading citizens of Bullock county, and
that he and his family have the sympa-
thy of the best people of that COM
|munity. There is rarely case in which
la penitentiary sentence is imposed in
which public sympathy to some extent
is not aroused. The party killed had
only resided in Bullock county about
la year, and had no family connection
lin that section. On the contrary, the
his life and had large and influential
lcircle of friends. To yield. however. to
the two grounds mentioned as a basis
for clemency in the case In which pen
itentiary sentence is imposed would
make shipwreck of the law. / there
fore decline the application and re-
woke the parole heretofore granted.