, 1889-10-06
Three Wyoming convicts Ordered
TO Leave Lincoln.
Discharged From the Penitentiary
Without Authority.
The Unexplained Communication of a
Murderer's Sentence.

to handle. They were Fonce Reins.
sentenced to seventeen years for stage
robbing, horse stealing and shooting with
intent to kill; Albert Spear. sentenced
for life for stage robbing and murder, and
Jack Fierce, sentenced for life for muir
der. These men were all transferred
from the Wyoming prison on Stout's con-
vict labor contract Spear and Fierce had
their sentences committed to ten years,
which would expire Jan. l, 1890, and
Reins' sentence would not expire until
June %, 1894. A strange chain of cir
cumstances attend their discharge. and
the Bee is the only paper able to get hold
of the facts. During Governor Nance's
administration a law was passed forbid
ding the holding or receiving Of c%onvicts
from other states and territories after
Jan. I,1SS3. An amendment was secured
to the original bill by W. A. B. Stout to
take effect Oct. !, 1889, giving HIM the
privilege of holding those he had up to
that time on condition that he secured
their discharge before that date.
Having failed to secure their discharge
as agreed the three ~convicts referred to
were the only ones left on his hands, all
the others being leased by limitation, par
don. commutation, or otherwise. Tim
Dyer, the prison inspector of Wyoming,
investigated the Nebraska pcnitentary,
and before leaving promised the warden
that he would secure the. discharge of the
Wyoming ~convicts held there if the war
den would recommend them for discharge.
Warden Hopkins wrote a recommends
ton, which, together with a copy of the
law showing that he could not hold the
Wyoming c~onyicts after October ], and
that they could not he removed to Wyo-
ming, forwarded the papers to Governor
Warren, of Wyoming. No action was
taken by the Wyoming authorities up to
October l, and on that date the prisoners
were discharged. The recommendation
was not acknowledged and the matter was
ignored by the governor, the men were
therefore discharged by the warden. They
were called from their cells on the morn
ing of October | and told to pack up and
leave. They we're given no papers of dis
charge, and were advised to clear out OF
the state as soon as they could.
An authority on such matters was pre-
scented with the facts. AMI said: The
question arises in my mind whether or
not the state could be put to some trouble
and expense by the Wyoming authorities
for releasing these convicts, with unex-
pired sentences, without giving them the
proper notification and receiving permis.
sion to discharge them. And it seems to
me that the state would still be under
liability to expense should these c%onvicts
sue tor false Imprisonment, and for not
receiving from the prison authorities the
usual papers of discharge, which are their
only means of proving themselves no
longer convicts. The only way in which
the state, should such an emergency arise,
could protect itself would be to look to
Stout for the amount of damage which
might arise in either case.
Another question. which might arise,
it seems to me. is, under whose instruc-
tons did Warden Hopkins discharge these
men, and did he notify the territory of
Wyoming? 1t he notified the territorial
officials it looks rather strange that no in
been received. At all events there may
bN jill ihbCiOotAhS qhCotiOdo ~ oCNihC
Governor Warren was shown the above
extract. The records of his office silently
evidence that pardons were issued to
Spear and Fierce Sept. "a and had ample
time to reach Lincoln. Clemency was
extended to Reins Oct. 3, and he was
doubtless elected from the Nebraska PEN
itentiary as stated in the Bee. Aside
from the fact that the prison warden and
chaplain and the territorial penitentiary
commission sued for the pardon of the
murders, such a course on the part of the
governor is fully justified on the ground
of expediency, if nothing else, for their
terms would have expired uext January.
Had the movement Tor pardon failed and
the territory exercised its natural func
tions the men would have been
returned to the counties from which they
came for r~esentencing. Prisoners cannot
legally be transferred from one state to
another without this process. Then JUS
tice Saufiey has held in the court at Buff
falo, that a convict cannot be resentenced.
With allowance for good conduct Reins'
term would have expired probably some
time next year; but then, while clearly a
bad character he is not really a
dangerous man, for if he again offends
the law he is not clever enough to remain
long at liberty.
So much for a general explanation, but
it appears, at this late day, hat the com
mutation OF the life sentences of Spear
and Fierce, especially in the case of the
former, was in the nature of abuse of the
executive power. Theoe sentences were
reduced by Governor Warren April 26,
1886, on recommendation of the peniten-
tlary warden and the territorial prison
board. 1t mnst have been done very
quietly. The matter is not mentioned
in the files of this paper, and until yester-
day Luke Voorhees,, who was one of the
heaviest losers by Spears rascality, was