Roanoke Rapids herald., 1923-12-28
Dalton Gets Communication.

Dalton Gets Communication.
For the first time in six years.
though he skipped across the con-
tinent to escape it, the shadow Of
the death chair was lifted from the
shoulders of Jerry Dalton, when Gov.
ernor Morrison declared that the man
who killed Maud Grant and Merrill
Angel in Macon county in 1919 is not
deserving of the death penalty. The
sentence of death, twice pronounced
against Dalton. was commuted to an
indeterminate period of from twenty
to thirty years in the State Prison.
His execution date had been set for
January %.
Dalton in 1919 killed the woman
accidentally and then shot Angel in
a heat of passion, according to his
own story of the crime, theory
which the Governor has accepted
after close examination of all the
evidence. Grave questions in the
minds of ten members of the jury
that convicted Dalton last as to the
element of generalization necessary
for first degree murder. and appSr-
net error in the charge of the trial
Judge entered into the Governors
consideration of the case, but he bas
ed his commutation on more general
grounds.
Il do not believe, the killing took
place while Dalton's blood was cool
and his mind in condition to form
deliberate intent to commit murder
in the first degree" Governor Morri-
son declared in his statement OF
reasons.
The action of the Governor was no
surprise. Deep consideration Of the
evidence in the case, close persual
of the records OF the trial. a confer
ence with Jerry Dalton himself at the
[ Mansion, and points raised by J. n.
Moody, of Murphy, and General AL
bert l.. Cox of Raleigh, attorneys ap-
pearing for Dalton moved the Cover
nor last week to the virtual announce
/
tence. The leaning toward clemency
/ indicated then became stronger during
| the week with the opinion of Judge
| II. G.. Conner. OF the L. S. District
court. and Judge W. A. Hoke, of the
| State Supreme Court on the subject
| before him.
1T would be useless to record an
arugmcnt upon the merits Of this
case in the Record
Upon consideration of the whole
case in all its aspects and after CON
sideration of the case with the At
torney General OF North Carolina, and
after a conference with the Hon w.
A. Hoke of the Supreme Court
Bench, who wrote the opinion of the
Court in the case on appeal in the
former trial OF the prisoner. and after
| further consideration of the matter
with some OF the greatest jurists and
lawyers Of the State. including the
Hon Henry G. Connor. former judge
of the Supreme Court. and now United
States District Judge. all of whom
concur in my conclusion about this
matter, | am OF the opinion that there
is grave doubt OF the prisoner, Jerry
Dalton being guilty of the crime OF
murder in the first degree. as fixed
by the Statute of North Carolina on
the subject.
'I do not believe the killing took
place while Dalton's blood was cool,
and his mind in condition to form
deliberate intent to commit murder
in the first degree, according to the
evidence in the case. For this rea-
son. and out OF respect to the petit
tion filed from ten of the jurors who
convicted him. and out of respect
to the thousands of petitioners in the
State who asked for a communication
of his sentence.
81 hereby commute the sentence
of Jerry Dalton from death by elec-
trocuation to an indeterminate SEN
tence of not less than 20 years and
not more than 80 years. in the State
Prison"