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COMMUNICATION

FROM THE

GOVERNOR OF VIRGINIA,

TRANSMITTING

LIST OF PARDONS AND COMMUTATIONS OF PUNISHMENT
GRANTED DURING THE PAST YEAR, WITH
REASONS THEREFOR.

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As required by the constitution, I proceed to state the particulars of each case in which executive clemency has been exercised during the past year, and the reasons which controlled my decisions.

1. EDWARD ANDREWS (colored). Sentenced by the hustings court of Petersburg, January 7, 1877, to one year in jail and thirty-nine stripes.

Pardoned January 18, 1878, on condition that it shall not operate to remove his political disabilities.

The petitioner has served the full term of the imprisonment. The judge before whom he was tried believing he had been sufficiently punished, while his exemplary conduct as a prisoner gave him a claim to clemency, recommended the remission of stripes.

As the executive has not the power to remit in such cases, this conditional pardon was granted to attain the object desired.

2. SILAS HAGAMON (colored). Sentenced by the county court of Pittsylvania, November, 1877, to be hung, which sentence was ordered to be executed on the 25th January, 1878.

The commutation of this sentence was ordered for the following reasons: The petitioner, now an old man (upwads of 60 years of age), was found guilty of murder in drowning the infant of his daughter. This daughter was his only child, about eighteen years of age, tenderly raised and educated as his means and station would allow, and the object of his affections and hopes. She was seduced aud gave birth to this infant. The father, to shield the reputation of his daughter, destroyed the child. This, of course, was a great crime. But in view of the strong recommendations of the judge, some of the officers of the court, and a great number of the most intelligent and respectable citizens of the county, many of whom had known Hagamon for years, and all testifying to his uniform good character, and further his age and the motives that prompted the deed were not altogether base, he being an ignorant, illiterate man, and lately a slave. His sentence was commuted to imprisonment for life in the penitentiary January 21, 1878.

3. MARSHALL CALLOWAY (white). Was sentenced by the circuit court of Grayson county, October, 1876, to the penitentiary for five years for manslaughter. Pardoned Jan 22, 1878. Calloway had been a man of excellent character and a good citizen. He had had a difficulty with a man by the name of Gentry, but it was reconeiled, and they were riding together in a wagon when a quarrel ensued and a fight with pistols. Gentry was killed. Calloway shot through the hand and wounded in the head-it is supposed by the same bullet. No one witnessed the fight. Calloway insisted that the use of his pistol was in self-defence, which statement seems to be confirmed bythe fact that Gentry must have been killed instantly, as the bullet passed through his heart.

Calloway is a man of about 60 years of age, poor and with a dependent family. His character has been always good, and since his confinement in the penitentiary has been entrusted with duties requiring confidence, which he has faithfully discharged. His application for pardon was strongly endorsed by the judge before whom he was tried, the attorney who prosecuted him, the jury that convicted him, the delegate and senator from Grayson county, and by a great number of respectable citizeus acquainted with him and the incidents of the case and trial; and further a willingness by the widow of the deceased that a pardon should be granted.

4. W. T. LILLISTON (white). Sentenced December 27, 1877, by the police court of the city of Richmond, to the city jail, for four months for assault and battery. Pardoned January 26, 1878, upon the recommendation of the police justice, who tried and convicted him, the person upon whom the assault was made, a number of respectable citizens of Richmond, and the family physician, who certified that confinement was injuring his health. He had already been confined more than a month.

The facts show no motive, the person assaulted was not seriously hurt and petitioned for the pardon. In view of the above facts, and that he had borne a good character, a pardon was granted.

5. FLEMING BROWN (white). Sentenced May, 1875, by the county court of Fauquier county, to fourteen years in the penitentiary for manslaughter.

Pardoned March, 12, 1878. He was received in the penitentiary on 4th May, 1875, thus having served rather more than two years and ten months of his service. He is 60 years of age and his life is endangered by confinement. The surgeon of the penitentiary has endorsed his application for pardon as follows:

This man has tubercular consumption in both lungs, developed since his confinement. He has been rapidly declining for two or three months. I do not think he will live through the summer, but his life may be prolonged if released from prison." He was, therefore, pardoned.

6. CHARLES LAWRENCE (colored). Sentenced to ten years confinement in the penitentiary for rape, by the county court of King William county; thence an appeal to the circuit court, and from it to the court of appeals.

Pardoned March 30, 1878. Lawrence was recommended to executive clemency by the jury who tried him, and by the order of the unanimous court of appeals, as follows:

“The court is unanimously of the opinion that the case is a proper one for the exercise of executive clemency, and, therefore, respectfully recommend that a pardon be granted to the accused for the offence of which he has been convicted as aforesaid, and it is ordered that a copy of this recommendation and the judgment be certified to his excellency the governor of this commonwealth."

7. GEORGE BROWDER (white), Sentenced by the hustings court of the city of Manchester, to three years in the penitentiary for burglary. Pardoned April 19, 1878.

Since Browder's conviction, after-discovered evidence has manifested that another and not the convict was guilty of the offence charged, and shown by the statement of the counsel who defended him, could not have been, by diligence, known and used upon his trial. His application was endorsed by the jury, the prosecuting attorney, and the judge.

8. WILLIAM WEST (colored). Sentenced February, 1878, by county court of Prince Edward, for unlawful beating, to six months in jail. Pardoned April 26, 1878.

West was assaulted on his own premises by a white man, and his wife came to his rescue. They knocked down and beat the assailant. West was a negro of remarkably good character, industrious, sober, and has a family. This application is endorsed by all the jury who tried him, the man whom he beat, the judge, and a great number of respectable citizens of the county. He was pardoned upon condition of paying fine and costs.

9. JOHN LEE (colored). Sentenced January, 1874, by the hustings court of the city of Alexandria, for larceny, to five years in the penitentiary.

Pardoned May 7, 1878. Lee has lately become deranged, and being dangerous has been put in close confinement.

This is very incovenient and injurious to him. Under the supervision of the surgeon of the penitentiary, the law with regard to the sending of lunatics to the asylum, and their reception therein, has been complied with, and the superintendent

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