The Lynch Phillips Case 1906-8 Calhoun Co MS

The Lynch Phillips Case The Calhoun Monitor

Oct. 10, 1907 Negro Will Hang Receives Death Sentence With Absolute Indifference. ` The negro "Lynch Phillips" who was tried and convicted of murder in the recent term of the Circuit court, has been sentenced to be hanged by the neck until he is dead, dead, on November the 20th. When asked by the court if he had anything to say as to why sentence should not be passed on him, he said he had not, where upon the court very impressively passed the final sentence upon him. He took the sentence with apparent indifference as if he was merely having a light fine imposed upon him.

Ever since he has been confined in the jail here, he has maintained an indifferent mood as to his fate, in reality expressing a hope that he would receive the limit of the law. He has not since his conviction changed in his attitude and appears to be perfectly willing to meet his fate. Unless executive clemency is extended him, which is not at all likely, or an appeal is taken from the decision of the court, he will be legally hanged at some place which will be designated by the Board of Supervisors at or near Pittsboro, on Nov. 20.

Nov. 7, 1907 ` Stenographer Patterson said Monday that he had received notice that the case of Lynch Phillips, the negro murdered now incarcerated in jail at this place would be appealed. Well, this will stay for a time his execution; however, there is little probability of reversal of the decision of the lower court since there was not a single exception noted in the trial. The negro's own testimony convict him, unfortunately though, he was not allowed under the law to plead guilty. It will cost the county twelve or fifteen dollars a month to keep him pending the decision of the Supreme Court.

Nov. 14, 1907 Appeal Taken. `
Atty. A. T. Smith informs us that notice of appeal has [been] filed in the case of Lynch Phillips, the negro murderer. So there will be no hanging here on the 20th inst. as was decreed by the trial court. This will have the effect of delaying the execution for a while at least. An effort was made to get the sentence commuted to life imprisonment, but Gov. Vardaman promptly turned the petition down.

March 12, 1908 Negro Lynch Phillips Gets A Reprieve `
Sheriff M. P. Burke received official notification Monday eve that Gov. Noel had granted a reprieve until April 15th to the negro Lynch Phillips who was to hang here March 25th. It is supposed that the governor wants more time to look into the case, as he has been petitioned to commute the sentence to life imprisonment. If he does not grant the petition the negro will be hung here April the 15th.

The Board of Supervisors declined to interfere with the fixing of the place for the hanging of the negro. This likely means that the hanging will be private, as the law says that unless the Board of Supervisors, for good reason fix the place of execution at some other spot, the hanging shall be in the jail in which he is confined, or in an enclosed jail yard. In all probability a scaffold will be erected at the north side of the jail and enclosed so the hanging can not be seen by the public. The negro seems to be resigned to his fate and employs his time in reading the bible and singing religious hymns.

April 16, 1908 No Hanging Yet. `
The negro, Lynch Phillips, who was sentenced to be hung here on March 25th, but who was granted a respite by Gov. Noel until April 15th, has been granted another reprieve until May the 7th. The reason given for the first reprieve was that the Governor wanted time to investigate in full the negro’s case and we suppose that the last one is because he has not finished his investigations. We have been told that when our efficient District Attorney was approached for his opinion by the governor that he said “if Calhoun ever needed a hanging, she does now.” It is also reported that Judge Dunn declined to say anything in the negro’s behalf, when the governor asked for his opinion.

A pretty large petition has been gotten up and presented to the Governor asking for a commutation of the death sentence to life imprisonment, because of the negro being weak minded and being in a fit of jealous rage when he committed the crime, for which he is sentenced.

We are not of a bloodthirsty disposition, nor don’t want to see a hanging just for the name of having one, but we heard the negro’s own testimony against himself, and have been seeing him almost every day since he was put in jail here Aug. 6th, 1907 [Note: paper missing issue], and we have failed to see any of the symptoms of a weak mind any more than usual, and we are inclined to agree with our District Attorney that if he doesn’t deserve to be hung, Calhoun will never have one that will.

May 7, 1908 Life Imprisonment For Negro ` As has been freely predicted and generally expected by a majority, the governor last week commuted the death sentence on the negro Lynch Phillips, who was to have been hung here on May the 7th, to one of imprisonment for life. While this in no way concerns us, and while we do not really care what is done with the negro, as a matter of justice he should certainly have received the death penalty.

We are firm in the belief that when a man is tried before a competent judge and intelligent jury, under the direction of the laws of the state and given the benefits of all doubts, presumed innocent until proven guilty and then that jury finds him guilty and the judge fixes his punishment, he should receive just exactly what they put on him. And especially when the case has been gone over carefully by the supreme courts of the state and affirmed.

The pardoning and commutation power vested in the governor is, to our mind, always more or less abused, no matter who fills the executive chair. This is easily understood, for only in rare instances is there more than one side of the case shown the governor. 'Tis true that an investigation of the records of the trial will show him the true merits of the case, but it is not often that a counter petition is presented, when a petition for pardon or commutation is filed before the governor. It is a well known fact that there is a tendency in the nature of most men to sign any petition that is presented to them of this character and making peace with their conscience with the thought that "Well, my name won't amount to anything anyway." This thought is a mistake however for a man who is the right kind of a man, while filling the place of a public servant wants to do, as far as is possible the things the people want him to do, and when a petition containing a large number of names is presented him asking him to do certain things and there is nothing from the other side, he naturally believes that the people he is to serve want this thing done, else they would never have signed it.

We have no quarrel with a man for signing a petition, if he wishes the petition granted, for this is a free country and we are broad enough in our views to grant every man the right to think for himself, but we do think that this commutation and pardoning business is over worked. We realize that a man is often placed in a position where he is almost forced to sign these petitions, even though it be against his principles of right and justice to do so, because of the ties of friendship, kinship or pity for relatives of the criminal. We do not mean to say that every petition of this kind should be turned down, for in many instances there are circumstances that make it almost absolutely necessary that something of this kind be done, and when this occurs we would not hesitate to sign it.

Again, we say that we have no personal feelings in this negro's case, except that of justice to all, yet we can not help but feel that in this case as in hundreds of others, there has been a miscarriage of justice.