The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1897-07-16

The ststs Bears Of PsrSona Rseommena
gsat Hs Be Glrsa ala Dresden.


EEat re Be Glrsa Hll ErssSan.
ToFkKA, Kan, July 10.-The state
board Of papdons has recommended to
Coy. Leedy q pardon for Willie Sells
In its report she board gives the fos.
loving reasons foE its action. Cos.
Lsedy win not act on the matter for
several days, The report says in part;
va hsvs examined with care ana attentio1
al The testimony that vas taken q ne trial
that We have been able 70 0htain and other ofol
and WrittgE testimony and evidence.
The evidence in this case vas purely circum-
Stantial. and the rule In such case is that the
circumstances relied upon Tor e0nFieticn must
exclude every other reasonable supposiuoD nut
she single one OF the defendants guilt Il %
Necessary not only that al the circumstances
concur to show that the defendant committed
the crime charged. but they must be ncou-
sistent with every other rational conclusion OF
reasonable hypothesis It 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 moral certainty.
exclude every other reasonable conclusion but
the single one CT guilt If, from the ciroum-
stances &c Is impossible 70 prevent reason
able theory as to each and every element nec-
essary to constitute the crime, aud 10 prove
the defendants guilt then such circumstances
are not sufficient TO justify verdict Of guilt
The evidence in the Sells case, In cur iudg-
nent, fails 20 meet the requirement o. the Law
concerning eircUmstantial evidence, when fully
/ ard properly applied The circumstances, as
/ shown BY the evidence. are inconsistent with
sny rational theory th2l Willie committed ths
| murder, ana the evidence totally insufficient g
! justify such a conclusion
/ There was intense excitement In the cons
muuity. The danger lay in the unnatural and
iaWless condition OF afairs incident 10 the cir
/ culati0n and publication, as true, at and about
/ the plscs where the trial was to be had, Of
series Of faisehoods Of the most dangerous
character. The story that Willie had made
/ confession reached every ear within few
hours. and was told and Fetold Tor the truth
The eager public caught up every Idle rumol
and settled it into a positive statement
The publig press was filed with the accounts
OF Willie's alleged confession" Public Ia.
/ digHation became intense Il was not th'
I known facts that had wrought this condition
but the circulation Of an alleged confession,
! well calculated 10 excite public indignation
/ and yet absolutely false
These suggest TO your eXoellenCy s0nethint
| Of the surroundings in which this case WI
| tried, and in cur judgment under such c0Rat
lions q Just and proper administration Of thi
law could not have been had.
The average mind IN g condition Of excite
ment can not weigh testimeny-itdoes not EaH
to Public sentiment demanded convissiol
and one resulted. We have followed Up care
fully the various reports concerning "altsgR
confessions made By Willie, and we are con
strained to believe that a confession was nevs
made, Mr.. CogsWeii and lIr. Hall, the att9f
neys to whom it was alleged confession va
made both say no confession was made ID
Woods, in his af1davit filed IN the case, nese
tiVes the idea OF any such confession 81 th
time the afidavit was made which was SOM
time after the trial
Willie Sells before and since his ia0arcera
ton in the peHitcHtiaFy, and at al times an
places, has always stOutly ana with az appear
ance Of caHdJr and truth. and with great aFm
ness maintained HIS entire innocence Of th
crime charged against him, both publicly en-
to his attorneys in private
O. A. Cox, who was county attorney en-
prosecuted Willie Sells at the time Of the trial
now believes that he IS innocent Grave doubt
Of his guilt have always existed IN the mind
Of great many people IN Neosh0 county, Wn
ere acquainted with the circumstances Of hi
conviction, and time, with other Developments
has increased that feeling Of uncertainty
Evidence has been introduced before tht
board that points 70 parties other than Wilh
Sells as the possible and probable perpetrator
of the crime; but it is not the province OF dut
Of this board to try suspected parties
Tine testimony OF all proves c0nclusiveiy tha
from Wiilles infancy up to the last hour b
was seen with his family. he was always
pleasant, Obedient boy to his mother ald de
voted 20 his sister, and in fact was model 4
the neighboFhood, for good conduct and ella
obedience, and that there was no evidence q
motive on Willie's part for the commission 1
I the cfims charged.