Show DAYS SENTENCE IS COMMUTED 9 Colored Murderer Rejoices Greatly When Informed That He Can Live COUNTING HOURS ON EARTH BOARD OF PARDONS EXAMINES MANY WITNESSES At yesterday afternoon Albert T Day Da was was pacing his cell at atthe the state 8 ate penitentiary counting the Hours which he had to lo live But hours remained for he had been be n sentenced to be shot for the murder o of H H Voss Friday at noon He heard a step In the corridor Dep Deputy Deputy Deputy uty Warden Ure approached Peering through the bars the con condemned condemned condemned negro watched him The board of pardons has Just commuted com commuted commuted muted your sentence to life imprison imprisonment Imprisonment imprisonment ment said the deputy warden calmly dark form in the death cell cen stag staggered staggered staggered back He could not believe that he had been saved He had not been informed of the second meeting of the board of pardons in his behalf and had expected to pay the penalty for his hl on Friday You aint Joking he said to Ure No I am telling you the truth the warden arden Just phoned me replied the deputy warden with a smile Well Vell sir Mr Ure Lire I could Just give a it and Jump up and crack my heels together three threes times said the negro If it was only allowed hereAfter here hereAfter hereAfter After thinking a moment he contin continued continued continued So I am to live Well Wen sir I Iwas was Just counting the hours until Fri Friday Friday Friday day and sure did expect they would shoot me me but Im tickled In Death Cell All Night He then requested that he be left in his cell during the night and explained 4 that as he had undergone the greatest f torture which a human can undergo in that room he would like to remain there on the night of his rejoicing His request was granted and Day spent last night in the death cell with the fear of death removed from his soul According to Warden Pratt of or the penitentiary Day has always been a amodel amodel amodel model prisoner and has been resigned to his fate from the he first During the I past Tast week he has h LS counted the hours that he had to live and being unaware I that hat any more efforts were were w re being made In n his behalf belaIr he looked forward to Friday as his last day among the living The commutation was w s granted by the pardon ardon board yesterday after a hearing In n the chamber of the supreme court courtroom courtroom courtroom room which lasted all day Not one fact against the condemned man was as brought out in the evidence submitted and nearly enough testimony was se secured secured secured cured to warrant another appeal peal for a anew an anew new n w trial Saved by Mrs Walker Mrs airs J R Walker played a dramatic part in the saving of Days life For six months he was employed as a coachman at the Walker home This morning when I left home said Mrs Walker I asked my three little children what they wanted Santa Claus to bring them One of them the youngest spoke up and said Ask the governor not to kill Mr Day A man manIs Is not very bad whom little children love and I believe belleva sincerely that Day Dayis Days is s not a criminal at heart While he was with us he fairly adored the chil chit children children dren He was one of the kindest men that I ever knew He was at home nearly every evening and conducted himself In a most gentlemanly manner man manner manner ner You sa that he is not a criminal at heart queried Judge Frick As God is my judge replied Mrs Walker I do not believe that he is I would trust my little children with him today if it he were released from his cell and would feel that they were perfectly safe in his hands The manner in which Mrs Walker gave her testimony in Days behalf half and her evident sincerity affect ev everyone everyone everyone In the room and undoubtedly carried great weight with the board of pardons Rev Mr SImpkins Appeal Rev P A SImpkin also spoke in the murderers behalf He said Day was not a criminal in the full meaning of the word and further expressed the opinion that he had not had exact jus justice justice justice tice It was Mr SImpkin who set in motion the final effort which resulted in saving Days life Juror Was Coerced J H Walker 1 alker of Union one of the Jurors who tried Day stated that he had been coerced into returning the verdict of guilty guilt of murder In the first degree He explained that the other I jurors had told him that the judge had instructed that one man alone should I not hold out when he found that the theother theother theother other eleven were against him I do donot donot donot not believe that Day was guilty of pre premeditated premeditated meditated murder he said Joe Ware Vare the colored man who gave testimony at the trial which was after atter afterward afterward ward called Into question was then examined He told an entirely differ different different different ent story from the version given at the trial and was severely by Justice and Chief Justice McCarty of the supreme court Considerable other testimony from colored people was heard Mrs Josie Walker was asked to testify by Mrs Voss She said that she had lived with Day for some time and that he used to get crazy drunk Mrs Washington testified as to Days good character After the evidence was all in the board went into executive session and granted the commutation Those who represented Day were A AC AC AC C Ellis Jr G M Sullivan and Wal Wai Walter Waiter Walter ter Little Mr Ellis conducted most of the examination of the witnesses and Mr Sullivan made the final appeal for clemency The members of the board of par pardons pardons pardons dons are Governor John C Cutler Chief Justice Justl e McCarty and Justices tra p and Frick of h supreme court ourt and M A Breed n attorney general |