The Birmingham age-herald., 1920-07-30
EDGAR CALDWELL WILL HANG TODAY
 AT CALHOUN JAIL
Governor Declines to Inter- fere With Courts Sent ence In Case of Former
 Negro Soldier
By FRED H. GORMLEY
 kontpomsry Bureau The Age Herald
 ooI.o Eir.A NafInnal Rank Ruilhinn

Montgomery, July 29.-(Special.) )-After all other efforts had failed, including personal appeal of President Wilson and the legal knowledge of Attorney General A Mitchell Palmer of the United States, the last hope of Edgar Caldwell, con- demned negro army sergeant, disap- peared late Thursday afternoon, when Governor Kilby announced that he would not interfere with the death sentence im- posed by the Calhoun circuit court at Anniston Caldwell will be hanged Fri- day at an hour to be fixed by the sheriff. When Caldwell was fighting in the courts last year, President Wilson urged the governor to do something in behalf of the negro. When Caldwell appealed to the supreme court, Attorney General Pai- mer personally prepared a brief in which he attempted to set forth facts which might indicate that fair trial had not been given. Hundreds of telegrams had been received from other states request ing executive clemeney.
 Every citizen of Calhoun county who has written a letter has been opposed to any change in the sentence. Included in the list are pastors of Anniston churches, who said the sentence was Justified by the circumstances surrounding the crime. The wife of the man Caldwell killed, Cecil Linton appealed to the gov- ernor to uphold the baximum sen- tence. Scores of citizens of Clay county, where Linton lived before he moved to ;etA, tnH hn change the sentence to life tmprison- n1ent.
 Never before has such fight been made in Alabama to save mans life After conviction Caldwell carried the case to the supreme court. When 1t was ar frmed he asked the district court of Bir- mingham for an order which would re- turn his case to the war department fol trial, his attorneys contending that he being soldier in uniform, should have haAn court-martialed. The district cour a5 .Iined and the supreme court of the 9Eited States was appealed to, but Il aiso held that the state courts were su tfeme out of the actual scene of war.
 Caldwell then appealed to the governor fa- a communication of the sentence.
 n declining to interfere, Governor Kilb, said:
 1T have carefully considered the recort 31 this case and have given most carefu Consideration to the application or th' defendant for communication of the sen f.hce of death imposed upon him by thu jgry Under the law it is the duty ol fes jury to determine the degree Of the of.me and fix the penalty.
 .The verdict of the jury has been af f.ned by the supreme court of the state .as.d the jurisdiction of the state courts nas been sustained by the supreme cour rF the United States.
 The defendant was represented by apl'
 6nsel No new evidence has been or fseed for consideration, the trial judge
 6d solicitor, in response to my inquiry
 rite that the verdict of the jury was Hetified by the evidence. and that the eeath penalty would be the proper pun ishment.
 The board of pardons unanimously recommend that clemency be denied. Be Hering that the finding of the jury was fsiIiv warranted by the evidence in the ease. and that it was rendered in stric Aeeordance with the laws of Alabama, shall not interfere with the sentence ol sihe court"