Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1897-07-17
SELLS. PARDON ASKED FOR.
The State Board of Pardons Recommend
That He Be Given Hi. Freedom.

The State Board of Pardons Recommend
That He Be Given Hi. Freedom.
TOPEKA, Kan, July 1O.-The state
board of pardons has recommended to
Gov Leedy a pardon for Willie Sells.
In its report the board gives the fol-
lowing reasons for its action. Gov.
Leedy will not act on the matter for
several days. The report says in par:
We have examined with care and attention
all the testimony that was taken at the trial
that we have been able to obtain and other oral
and written testimony and evidence.
The evidence in this case was purely circum-
stantial, and the rule in such q case is that the
circumstances relied upon for conviction must
exclude every other reasonable superstition but
the single one of the defendants guilt 1t is
necessary not only that all the circumstances
concur to show that the defendant committed
the crime charged, but they must be incon-
s1stent with every other rational conclusion or
reasonable hypothesis 1t is not sufficient
that the conclusions found coincide with
account for. and therefore render it prob
able that the defendant, committed the crime
charged, but they must be a moral certainty.
exclude every other reasona BILE conclusion but
the single one OF guilt If, from the circum-
stances it is impossible to prevent reason
aole theory as to each and every element nee
essary to constitute the crime, and to prove
the defendants guilt, then such circumstances
are not sufficient to justify verdict of guilt.
The evidence in the Sells case, in our judg-
ment, fails to meet the requirement of the law
concerning circumstantial evidence, when fully
and properly applied. The circumstances as
shown by the evidence are inconsistent with
any rational theory thai Willie committed the
murder, and the evidence totally insufficient to
Justify such 4 conclusion
There was intense excitement in the COM
munity. The danger lay in the unnatural and
lawless condition of affairs incident to the cir
culation and publication. as true at and about
the place where the trial was to be had of
series OF falSehOOdS of the most dangerous
character, The story that Willie had made a
CONCESSION reached every ear within few
hours, and was told and retold for the trut
The eager public caught up every idle rumo.
and settled it into q positive statement
The public press filled with the accounts
of Wfllie's alleged confession" Public in
dignation became intense. 1t was not the
known facts that had wrought this condition,
but the circulation of an alleged Confession
well calculated to excite public Indignation
and yet absolutely false
These suggest to your excellency something
OF the surroundings in which this case was
tried, and in our Judgment under such condi-
t1ons a just and proper administration of the
law could not have been had.
The average mind in condition of excite
ment can not weigh testimeny-it does not want
to- Public sentiment demanded conviction
and one resulted. We have followed up care
fully the various reports concerning alleged
confessions made by Willie and we are con-
strained to believe that Il confession was never
made Mr. CogSwen and MI. Hall, the attor-
neys to whom it was alleged a confession was
made, both say no confession was made. MIR.
Woods, in his affidavit filed in the case, mega
lives the 1Ciea OF any SUCH confession at the
time the affidavit was made, which was some
time after the trial
Willie Sells before and since his incarcera-
lion In the penitentiary. and at all times and
Places has always stoutly and with appear
lnce of candor and truth. and with great firm
ness maintained his entire innocence of the
rhine charged against him, both publicly and
to his attorneys in private
G. A Cox, who county attorney and
Willie Sells at the time of the trial
low believes that he is innocent. Grave doubts
IF his guilt have always existed in the minds
If a great many people in Neosho county, who
Ire acquainted with the circumstances of his
conviction. and time, with other developments,
las increased that feeling of uncertainty.
Evidence has been introduced before this
board that points to parties other than Willie
sells as the possible and probable perpetrators
II the crime; but it is not the province duty
II this board to try suspected parties.
Tine testimony of all proves concluSively that
rom W1ll1eS infancy up to the last hour he |
vas seen with his family, he always a
pleasant, obedient boy to his mother and de-
Toted to his sister. and in fact was a model in
he ne1ghborhood, for good conduct and filial |
and that there was evidence of !
motive on Willie's part for the commission of
he crime charged.