Smyrna times., 1930-08-20
PARDON BOARD REFUSES TO
GRANT CLEMENCY TO RUSS
STAY OF EXECUTION FOR NE
GRO WILL BE UP FRIDAY
Conflicting Testimony of Star Wit
ness Not Enough to Make Par
don Board Interfere in Case

'SUilhICtiiS LCotHiiofS VI otdi wiz
ness Not Enough to Make Par
don Board Interfere in Case
The Board of Pardons sitting
Monday night at Dover in the case
of Theodore Russ, negro, condemn
ed to die for a felonious assault on
Mrs. Mary Reed, a white woman
of near Woodside, voted down a
petition for Communication Of sent
ence and decided not to make any
recommendations to the governor
on the case. The special session
Of the Board began Monday af-
ternoon but a decision was not
reached until 8 o'clock that night.
The principal witness was Linwood
Gray, a negro, who testified in the
original suit that he was an eye
witness to the alleged assault.
Two affidavits, which he admitted
making before Justice of the Peace
Charles DUPONT Ridgely, of Cam
den, were placed before the board.
In these affidavits, Gray stated
that the testimony in the original
suit on April % was made under
coercion. In the hearing Monday,
however, Gray denied that the
statements made in the affidavits
were true. The justice of the
peace testified that the affidavits
were not made under coercion and
that James Prattis, negro of
Woodside, who was instrumental
in inducing Gray to make them,
was not in the room at the time
they were made.
Gray Has Conflicting Testimony
In the first affidavit, Gray stated
that he did not see the assault
committed on the Reed woman,
but had only seen the liquor, which
he said he and the condemned man
had gone to the Reed home to pur-
chase. He also stated in the affi
davit that they were in the habit
of going there to purchase liquor
In the second affidavit he stated
that he testified in the original
suit as he did because an official
had told him he would be hanged
if he did not do so. This part of
the affidavit was jumbled and in
coherent. Persons named in con-
nection with it are officers Ray
Ingram and Samuel Powell, State
Detective D. D. Wharton and At
torney General Willy. The two
officers were referred to as speed
cops" In the face of Gray's den
ial that the statements made in
the affidavits were true, it was ar
gued by defense attorneys that his
testimony in the original suit was
disqualified.
May Appeal to Court for New Trial
Russ was sentenced on April 90
to hang on July 25, but he was
given a stay of execution by the
governor. This stay expires next
Friday. In the meantime, attor-
neys for Russ said an attempt will
be made for a new trial in the
court of Oyer and Terminer on the
grounds of the conflicting Gray
statements. In the hearing Mon
day a petition for Communication of
sentence was based on the conten-
sion that no reasonable and fair
minded jury could have been Sc
cured at the time to try the man.
A considerable crowd attended the
hearing Monday night. Mrs. Mary
Reed, the woman on whom the as
sault was charged to have been
committed attended the hearing
but was not called to testify. Russ
was represented by T. c. Fraim
and Max Terry. Dover attorneys,
who defended him in the trial, and
James M Tunnel, of Georgetown,
and L. L. Redding, negro attorney,
of Wilmington, who recently Joined
counsel for the defense.