Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1897-07-15
SELLS. PARDON ASKED FOR
The State Board of Pardons Recommend
That He Be Given HE Freedom


The State Board of Pardons Recommend
That He BE Given Hif Freedom
TOPEKA, Kan, July 10--The state
board of pardons has recommended TO
Gov Leedy 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 part:
We have examined with 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-
Stant1al, and the rule in such Q case is that the
circumstances relied upon for conviction must
exclude every other reasonable superstition OUT
the single 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-
sistent with every other rational conclusion or
reasonable hypothesis 1t is not sufhclenf
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 moral certainty,
exclude every other reaSonR BILE conclusion but
the single one of guilt II, from the circum-
stances. IL is impossible to prevent a reason
able 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 circumstance as
shown by the evidence. are inconsistent with
any rational theory thai Willie committed the
murder. and the evidence totally Insufficient to
Justify such conclusion
There was intense excitement in the COM
munity- The danger Law in the unnatural and
lawleSs condition of affairs incident to the cir
culation and publication. true, at and about
the place where the trial TO be had OF a
series Of falsehoods of the most dangerous
alaa
confession reached every ear within few
hours, and was told and retold for the trAth-
The eager public caught up every idle rumor
and settled it into a positive statement
The public press was filled with the accounts
OF Willie'S alleged confession" Public in
dignation became intense It 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 was
tried, and in our judgment under such condi-
tions 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-itd 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 con-
strained to believe that confession was never
made. MI CogSwen and Mi. Hall, the attor-
made, both say no confession Wss made Mf.
Woods, in his affidavit filed in the case, mega
tives the idea of any such confession at the
time the afhdavit was made. which was some
time after the trial
Willie Sells before and since Els incarcer&-
ton in the penitentiary and at all times ana
places, has always Stoutly and with appear
ance of candor and truth. and with great firm
ness maintained his entire innocence of the
crime charged against him. both publicly and
to his attorneys in private.
C. A. Cox, who was county attorney and
prosecuted Willie Sells at the time of the trial.
now believes that he is innocent. Grave doubts
of his guilt have always existed in the minds
of a great many people in Neosho county. who
are acquainted with the circumstances of his
conviction and time, with other developments,
has increased that feeling of uncertainty.
Evidence has been introduced before this
board that points to parties other than Willie
Sells the possible and probable perpetrators
of the crime; but it is not ne province duty
of this board to try suspected parties
the testimony of all proves conclusively that
from Willie's infancy up to the last hour he
was with his family. he vas always a
pleasant, obedient boy to his mother and de-
voted to his sister, and in fact was a model in
the neighborhood. for good conduct and hlial
obedience, and that there ives evidence OF
motive on Willie's part for the commission OF
the crime charged.