Public Papers of Governor William A. MacCorkle of West Virginia, March 4, 1893 to March 4, 1897 (Charleston, WV: Moses W. Donnally, Public Printer, 1897).
“Wm. Kelley, convicted in the circuit court of Lincoln county, August term 1890, for shooting with intent to kill, and sentenced to five years in the penitentiary. Pardon granted August 10th, 1894, for reasons entered in the pardon record as follows: It appears that the prisoner is in the last stages of consumption, and is dying. The pardon is recommended by the warden of the penitentiary, by the physician, chaplain, and several members of the Board of Directors. The prisoner is pardoned in order that he may be taken home to die.” (p. 90-91)
“Green Wiley, convicted in the circuit court of Lincoln county, August term 1892, for shooting with intent to kill, and sentenced to one year confinement in the penitentiary. Pardon granted April 27, 1893, for reasons entered in the pardon record, as follows: “The petition for pardon is supported by the recommendation of the judge who tried the case, the prosecuting attorney and assistant prosecuting attorney, the clerk of the circuit court, P.S. Blankenship the man who was shot by Wiley, and by very man citizens of Lincoln county. The prisoner was convicted on very slight evidence. I extend to him a pardon for the following reasons: 1. The testimony against him in the trial was very inadequate. 2. The evidence of the witness upon which defendant was convicted has since been found entirely untrustworthy and the accused showed no malice in the act, but that it was a mere hot headed fight.” (p. 78-79)
“H.C. Shelton, convicted in the circuit court of Lincoln county, ____ term 1892, for assault, and fined $318. Remission of fine granted August 16, 1896. It appears from the petition in this case that Shelton is a very poor man, and utterly unable to pay the fine imposed upon him, which has been standing nearly four years. He has had a great deal of sickness in his family, and since his conviction his wife has died, leaving him with a large family of small children entirely unprovided for except by his labor. Were the petitioner to be confined in jail upon a capias pro fine, his children would be entirely helpless and thrown upon the citizens of Lincoln county. The remission of the fine is urged by nearly all the county officials in Lincoln county and a large number of the best citizens of the county. It is utterly beyond the power of the petitioner to pay this fine, and confinement in jail upon a capias pro fine would be entirely useless and result in no good to the State and only hardship to the petitioner.” (p. 481-482)
“Ira Adkins, convicted in the circuit court of Lincoln county, June term, 1894, for burglary, and sentenced to five years in the penitentiary. Pardon granted November 29, 1895, for reasons entered of record as follows: The petition for pardon is signed by every member of the jury that tried the case and a large number of citizens of Lincoln county. The pardon is asked for by these petitioners on the grounds that there is now ‘some doubt arising in the minds of said petitioners caused by circumstances which were learned of since his trial, when convicted and sentenced.’ The good petition further shows that his conduct has been good, during confinement, that his health is very much impaired by reason of his confinement, and that he has a wife and family in destitute circumstances.” (p. 437)
“Wirt Bias, convicted in the circuit court of Lincoln county, October term, 1894, for unlawful assault, confinement in jail for six months. Pardon granted April 2, 1895, for reasons entered of record as follows: The petition for pardon is supported by the recommendation of Hon. D.E. Wilkinson, prosecuting attorney of Lincoln county, J.M. Hollandsworth, sheriff, and William Jones, jailor, of said county, and by several members of the bar and a number of good citizens of the county. The petition shows that the prisoner is in bad health, the result of his confinement, and that the jail of Lincoln county is very unhealthy and that further confinement would seriously impair his health. The prisoner’s wife is also in very delicate health and needs his attention.” (p. 425)
“Heenan Smith, convicted in the circuit court of Lincoln county, February term, 1894 [1896?], for manslaughter, and sentenced to five years in the penitentiary. This case is surrounded by many mitigating circumstances. Maynard had gone to Smith’s house; had been hospitably and kindly treated; had taken supper at his house and was staying all night. At bed-time they all retired and Maynard went to bed with the host (Smith), who is the father of Heenan Smith, the defendant in this case. A little girl, 13 years old, the daughter of the host and sister of Heenan Smith, retired in a separate bed in the same room. Late in the night Maynard got up out of the bed with the host and went over and got in with the little girl and attempted to have criminal connection with her. The child made an outcry and the old man raised up, and Maynard ran out of the house and disappeared. The next morning he was met by Heenan Smith, the defendant, and brother of the little girl, and an alteration occurred, in which Smith knocked this man down. A few hours afterwards Smith went to the post office and he met Maynard on the road. Another altercation occurred between him and Smith, having revolvers and both firing almost simultaneously, in which altercation Smith killed Maynard. The court sentenced Smith to the penitentiary for five years. The judge who tried the case writes a letter, and requests Smith’s pardon. A large number of the best citizens in the county join in the petition. I think that under the circumstances that it is a case deserving of executive clemency. (p. 463-464)
NOTE: The Wheeling Intelligencer of February 25, 1896 reports: “Herman Smith, who murdered Marcus Maynard in Lincoln county, last year, was found guilty of murder in the second degree to-day [Feb. 24] and was sentenced to seven years in the penitentiary by Judge Harvey.”
NOTE: The Wheeling Intelligencer of March 5, 1896 reports: “Two prisoners were received yesterday. One, John Jenkins, from Wayne county, two years, for grand larceny; another, Heenan Smith, Lincoln county, seven years, for murder in the second degree.”
“Linford Jarrell, convicted in the circuit court of Lincoln county, for burglary, at the July term, 1896, and sentenced of five years in the penitentiary. Pardon granted February 13, 1897. From all the evidence in this case it seems that this man was an ignorant and feeble minded person and as a matter of reality was not cognizant of his crime. This statement was made by Judge McClaugherty, who presided at the trial. Judge McClaugherty is extremely careful in matters of this kind and universally refuses to sign letters asking for clemency. In this case he makes a request for the pardon, and sets out that under the legal rules it was impossible for him to set aside the verdict. This prayer for clemency is joined in by ten of the jury which tried the case and by a great number of the best citizens of the county of Boone, where the case was tried and where the boy lived. There is no doubt in my mind but that the boy should not have been convicted.” (p. 466)
Brandon Ray Kirk 