JB Price Pardon detail (unsure if John Braun Price) 1901

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JB Price Pardon detail (unsure if John Braun Price) 1901 - The Governor ancl Exer-cise Exer-cise Exer-cise...
The Governor ancl Exer-cise Exer-cise Exer-cise of Pardoning Pber Gov. Aycock's Course Heartily Endorsed- Endorsed- An Irresistible Case from Craven Coun ty Awaits His Action A great variety of cases come up before before the governor of a state who is rested with, the pardoning power and the judicious exercise of this prerogative prerogative is most commendable while a failure failure to exercise this power when the merits of the case justify it is if anything anything more to be condemned than its excessive use. A very prominent and influential citizen who spent yesterday in the city said that while there was criticism in some quarters of the degree to which the pardoning power is being used by Governor Aycock yet a careful careful study of the merits of each case in which lie has granted a pardon shows that no humane, Christian man who loved justice or cared for the welfare of his own soul to say nothing of possessing possessing the milk of human kindness u his heart could have refused a pardon if he had it in his power to grant one. A member of the Post staff was discussing discussing this matter with Col. P. Tearsall the governor's private secretary secretary yesterday, tlie governor being oat of the city, and the Colonel said: , "What are you going to do with a case like this? "Down in Craven county last week J. B. Price from Beaufort county, a man of very small means, and who be; fore this indictment stood well in his county, was tnjed and convicted of obtaining obtaining the signature to the assignment of a note by false representation. The jury convicted the defendant and recommended recommended him to mercy. .. . "The foreman of the jury wrote the governor mat the jury never would have convicted the defendant if it had thought the Judge would do more than Impose a small fine. The Judge sentenced sentenced the defendant to 12 months in the penitentiary and a fine of fciOO. Af- Af- ! ter considering the matter for a day or two he decided to change the punishment punishment and announced that if the defendant defendant would pay a tine of $300 and the costs, which amounted to about $200, he would strike out the sentence ! of confinement in the penitentiary. ! "The defendant immediately went , over to Beaufort county, his home,sonae ; distance from New Bern, for the pur pose of raising the money, which he did after some difficulty. He hurried back to New" Bern with the money and 'deposited 'deposited the same, that is, the amount of the fine and costs, in "the hands of the Clerk, and went to the Judge "and asked that the sentence be stricken out as he agrsed to do. Greatly to the astonishment astonishment of the defendant he learned that the Judge had no power to do so, the court having adjourned for the term. The Judge immediately wrote to the governor setting out the facts as herein stated and concluded by saying "I earnestly l'ecommend upon the defendant defendant payinir the $300 and all the j costs that he. may be relieved of the j judgment aa it now stands.' j 1 "If this was the caso on the civil side of tne docket tne Judge worna nave full power to correct his judgment by application to the onrt and notice to the other side, but it is not so in criminal criminal matters. The only relief that cau be had is by an appeal to the governor. It is a very clear case to my mind where the pardoning power of the governor governor is the equity side of the criminal law, and the only way for the clear purpose and intent of the Judge to be carried out in this case is for the governor governor to pardon the man. fixing the con- con- j dition that ne pay the fine and costs. It seems from what I can gather from the facts that to put this man in the penitentiary for a year would be a very severe punishment, greater indeed than jit was the parpose of the Judge to in flict. Of course I do not know what the governor is going to do about the matter, he is out of town and will be i until the last of next week. This is ! one of the many perplexing questions j that come before his Excellency in the j matter of applications for pardon."

Clipped from The Morning Post24 Nov 1901, SunPage 5

The Morning Post (Raleigh, North Carolina)24 Nov 1901, SunPage 5
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  • JB Price Pardon detail (unsure if John Braun Price) 1901

    glaughing – 30 Dec 2013

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