The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-07-10
BIG GRIST AWAITS
THE GRINDING OF THE STATE
BOARD OF PARDONS NEXT
MONDAY.
BANK ROBBER OF SHERBURM,
LEWIS kEIIIHAN, ASKS FOR A
COMMUTATION TO IMPRISON-
MENT FOR LIFE,
HENRY ROSE, TOO, ASKS RELEASE.
He Has Been in Saltwater Longer
Thnn the Youngers, Being Conn
-mItted in 1875.
BANK ROBBER OF SHERBURN
HENRY ROSE, TOO. ASKS RELEASE

When the board of pardons meets
Monday, the application OF the Young
erF brothers for release from the Sill
water penitentiary will not be the only
case of interest which they will be
called upon to consider the merits of.
There has been filed with the COVER
nor an application for a Communication
of the sentence of death under which
Lewis Keliihan, the Sherburn bank
robber, is lying in the Martin county
Jail at Fairmont awaiting it's fulfill
rnent Aug. II. the date set by the
governor.
The petition, which is filed by Nc
MILAN & Dunlap, a firm Of attorneys
at Kellihan's former home at Rock
Rapids, is accompanied by a petition
signed by 156 residents of Lyon county,
To-, and another signed by 400 residents
of Martin county. this state, urging
the Communication.
The petition is brief and simply
states that in the opinion of the petI-
toners the ends of justice would be
fully subserved by life imprisonment.
But accompanying it is what pur-
ports to be a succinct statement OF
is given as the confession of Lewis
kellihan. He says he had been in the
northern part of Minnesota huntins
and trapping with another young man
from Rock Rapids. when his brother
wrote him that he was going on the
road as advance agent for the Wilson
Opera company, and that if he Oewis)
wanted TO go with the company he
should meet him at Sibley. They met
at Sibley on the Saturday before the
robbery. and the brother there secured
two bicycles. They went to Heron
lake. The brother put up at what
Lewis terms the "hightoned'' hotel.
while Lewis went to a cheaper one
Monday the brother told Lewis that
he proposed to rob the bank and said
he would not leave any one to tell on
him. Lewis says he objected to mur-
der, and proposed that they first build
a fire to attract people from the
streets, and then rob the bank during
the excitement. This was agreed to,
and Lewis set fire to a barn. During
the excitement they broke into the
bank, but found the vault locked and
secured no money. In the afternoon
they went to Sherburn. Lewis first
reconnoitered, and located the bank.
Then he was joined by the younger
brother They concealed their BICYCLES
back Of the bank and waited in a
Woodshed opposite the bank until thew
thought the opportunity favorable,
when they went into the bank. The
brother covered the two men with his
reVolvers, while Lewis was to do the
robblng. Lewis cut the screen in the
back window, and then secured all the
funds in sight. He heard the shots.
but claims that he did not know the
men were shot. He also claims that
ne idu ADVISED against shooting and
MS brother had promised not to shoot
| any one.
Judge Quinn, who presided at KeIli.
hans trial, placed under this a writ
ten statement of his own in which he
says:
Il have been asked to indorse the
|. foregoing as a succinct statement OF
the evidence adduced at the trial OF
the defendant above named Kellihan)
but L am unable to do so, as it does NOT
IN my opinion. contain even a concise
| statement Of the material testimony
given upon the trial, while it contains
evidence which was ruled out and not
permitted to go to the jury"
The application for Communication Is
based upon four grounds.
The first is that Kellihan is weak
minded to an extent that would prevent
his realizing the enormity of his crime
Second, that he had not fully reached
the age of maturity, being only twenty
years of age.
Third. that the evidence shows that
Lewis hellfhan had no part actual in
the actual commission of the murder.
and that in his mind he did not at
any time contemplate murder.
Fourth, that the jury unanimously
recommended mercy and was of the