The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1914-11-20
Negro. Five Times Given
Death Penalty by Jury.
Escapes Gallows
STATEMENT ISSUED
BY THE GOVERNOR
Says He Does Not Think Evidence
Justified Death Penalty-Case
Most Unusual in Legal His
tory OF the State

pN the governor and careful conSidera-
ton of the petition for executive elem.
eney. mercy was extended to Erwin
Pope. the negro who has been sentenced
to death five times and for whose execu-
ton gallows have been erected on sew
eral occasions, and his death sentence
committed by the governor to life TIM
prisonment in the pententiary.
This action was taken yesterday morn
Ing following visit to the county Jail
by John A. Mofett. secretary to the gov
ernor; W. c. Agee and Nj. r. Collins.
The party talked at length with the negro
and had him try on pair of shoes. which
were introduced as evidence against hin,
at the five trials, and It Is said figured
largely In his conviction The negro
stated the shoes were much too large for
him.
Governor Explains Action
In his statement explaining his ac-
ton in committing the sentence of
fope the governor had the following
to say:
-Four times this case has been re-
versed for errors prejudicial to the de-
PENDANT and the sole question for me 20
consider Is not whether the weight OF
public opinion demands the execution
OF the defendant but whether. under
all the facts and circumstances of the
case, l should exercise my constitu-
tional power to commute the sentence
from death to life imprisonment"
In his statement the governor sets
forth all the facts in the case, about
which revolves probably the most sem
sational criminal trial IN the history OF
the state. Pope's conviction was OF
circumstantial evidence.
According to the governor the most
discriminating chain of evidence upon
which Pope was convicted was the fact
that it had been shown that pair o.
SHOES stained with blood had been dis
covered concealed in the defendants
premises. The shoes were found OF
Monday following the murder of Nc
| Clurkin and the state introduced them
| at the. trial as evidence to show tina,
! they were the same shoes Pope hat
worn on the night before the alleged
commission of the crime.
The shoes, still bearing stains, wer,
sent to several doctors for examina
ton, including DR.. C. A. Cary, stat,
veterinarian, and DIR. r. b. Ross, stat,
chemist. both of whom reported, aftel
meteorological examinations, that they
we're unable to tell whether the stain,
| We're made by human blood
Shoes Tried on Pope's Feet
| Not content with this evidence tn,
| governor sent the shoes to Birm,ng
ham and had them tried on Pope. The
| report submitted to the governor was
that the shoes were two sizes larger
| than Popes feet.
The governor gives careful an.
aivsis of the evidence in Pope's cast
and declares that he has carefully and
cor scientiously considered the case
since the first petition was made for
Communication. In concluding hts state
Incnt he said:
"The defendant is negro and the
| record shows that he was in good cir
cumstances financially at the. time OF
the alleged commission of this crime
| for member of his race. IL was
| showed that he owned a farm and his
| merchant was ready TO advance him
all the supplies that he might require
| in the cultivation of his land There
Is absolutely nothing in the record
| 81 owing that for the SO years or more
| OF his life that he had been convict
| cd of crime or bore bad reputation
| The fact that there was no motive by
reason of poverty or need for him te
commit the CRIME is n strong clrcuHl-
stance In his favor.
After the first few trials his prop
| erty was exhausted In the payment OF
his debts and attorneys fees and dur
ing the last trials of his case he was
ldefended by counsel appointed by the
court. The defendant has but few
friends and no Influence and arrayed
against him Is a very strong and pow
e~ful public sentiment as established
by the numerous petitions and letters
on file in this office opposing exec
utive clemency. He is. however. cit
izer of Alabama. and however humble,
or odious, or obscure Is entitled to the
full protection of the law.
1T have conscientiously sought to
reach a just conclusion and after the
most pafnstaking study and delibera-
ton I am of the opinion that the
weight of the evidence was not suffi-
cient to Justify the death penalty and
that 1t is my duty under all the facts
end circumstances to commute the SEN
tence from death to life imprisonment
which is accordingly ordered,
The governor announced his decision tC
Sheriff McAdory at O'Clock yesterday
morning and Immediately wired the sheriff
of Calhoun county of his action. Sherif
McAdory notified Pope Of the action Of
the governor and he received the new.
with great satisfaction. He has Away.
maintained his innocence and notwith
standing his five nerve racking trials and
the fact that he has heard the sentence o.
death pronounced upon him that number
of times. he has never lost hope or cour
age.
Made . Good Prisoner
He has been prisoner in the Jefferson
county Jail for six years and, accordinf
to the sheriff and jail officials, one Of
the most trustworthy ever confined in tn,
county bastile.
Tn the spring of 1909 a. white farmel
named J. b. McClurkin, living near An
niston, Calhoun county. was found MUIR
dered. There were no eye-witnesses t.
the killing and for time there seemed
to be no clue 10 the crime. A little later O
! web OF circumstantial evidence was
woven around Pope. who lived near the
scene Of the crime and he was arrested
Feeling ran high In Calhoun county
against the perpetrators OF the brutal deed
and for fear OF summary vengeance Pope
was brought to Jefferson county for safe
keeping.
Pope was indicted for the murder of Mr.
McClurkin and later taken back to Cal
houn county, where he was tried and
convicted receiving the extreme penalty
of the law. The supreme court reversed
the lower court and granted him q new
trial THE same circumstances occurred
at three other trials. A few months age
| he was tried for the fifth time and agar
sentenced to be hanged. This time thu
| supreme court affirmed the findings o,
| the lower court and preparations were
made to hang 1.-THE negro. The governor
| granted four respites IN order to investi
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