Raleigh, June 29—Alvin Mansel is innocent. He did not make the attack on the Asheville woman who later identified him as her assailant, and is the victim of mistaken identity. It would be nothing short of a grave miscarriage of justice for the State of North Carolina to allow him to die in the electric chair.
This was the burden of the contention of those who appeared before Governor A.W. McLean here Monday as a special hearing granted by the governor to those seeking the commutation of his sentence to one of lesser severity—or an absolute pardon. And the contention was substantiated by amass of affidavits constituting new evidence to show that the young Asheville negro had nothing to do with the crime, knew nothing of the crime and was entirely innocent of it, in that his whereabouts have been accounted for throughout the entire period during which the crime is alleged to take taken place. And the further contention that the rank and file of the people in Buncombe County and Asheville believe that he was convicted of a crime that he did not commit is substantiated by a sheaf of petitions signed by the most representative people of the city and county to the effect that there is a very definite doubt of his guilt and that hence he should not be put to death.
But that is not all. Six of the 12 jurymen who convicted Mansel on the evidence as introduced in the trial have signed a letter addressed to Governor McLean that in view of the new evidence that has been found and submitted to them since the trial, they are sure that there is a reasonable doubt as to Mansel’s guilt. The other six jurors have either removed from Buncombe County or were away at this time and could not be reached with the new evidence.
‘But I have not the slightest doubt that every one of the 12 men on the jury would have signed that letter, could they all have been reached,” Hall Johnson, attorney for Mansel, who is now leading in the effort to have is sentence commuted, told Governor McLean at the hearing.
“It is not at all strange that Mansel was convicted under the conditions that existed at the time of the trial,” said Johnson. “In the first place, I was given less than a day to prepare the case before the trial started. Even then I was able to account for his whereabouts during the day of the crime for all but 45 minutes of the time. But this only by affidavits from patients in the sanatorium where he was employed. I could not take these witnesses into court from their sick beds.
“Then there was the intense feeling that prevailed at that time. Feeling was so hot you could cut it off in chunks. There were the national guardsmen outside the courthouse and inside the courthouse, with their guns always ready. Why, at one time, when I started to get up to speak I stumbled over one of those miserable guns and almost broke my leg.
“But now I would not be afraid to go before any jury anywhere, under any conditions and retry this case. And I would acquit that boy. The night before the trial started I went to the jail and told the jailer to lock me up in a cell with Mansel where we could talk alone and undisturbed. I tried at that time every mention I knew of to get him to confess. I argued with him, plead with him, bullied him—did everything I could to get some sort of statement out of him tending to show me that he had some knowledge of the crime. And at the end of that two hours or more, I left the jail firmly convinced that that young negro boy was as innocent of the charges as I was. And now I am more sure than ever that he is innocent. He did not commit that attack. And he should not be allowed to die in the electric chair for a crime that he did not commit,” Johnson told the governor in making one of the most fervid pleas for a man’s life that has ever been made.
Governor McLean deserved his decision, taking the case under consideration until an indeterminate date.
Editor's Note: The governor would remove the death sentence but replaced it with life in prison. From the front page of The Concord Daily Tribune, June 29, 1926
newspapers.digitalnc.org/lccn/sn92073201/1926-06-29/ed-1/seq-1/