The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-06
PRISON DOORS CONDITIONALLY
OPEN TO MEN NOW SERVING
SENTENCE.
TWO OF THEM CONSERVATIVES.
THE APPLICATION OF ED MORRILL,.
THE MINNEAPOLIS MAN, ALSO
GRANTED.
POINTED MEMORANDUM WITH IT
Definition of a Thief Clearly Set
FOrth-Board Outlines Its
Position.

Four conditional pardons were grant
ed by the state board of pardons yes
terday. Other cases were considered
and taken under advisement The IA
vored four are Ed White, Harry Will
son, Anton FRANKIE Jr. and J. w.
Brown
The decision of the board in the mat
ter of the application of Ed Morrill,,
the Minneapolis man whose case was
considered at former meeting of the
board, was also made known yesterday.
Morrill, draws pardon, but the board
hands out a declaration along with
the pardon. Morrills pardon was
granted, the order says, upon the rec
concentration of the trial judge and
the prosecuting attorney and upon the
ground and for the reason that the
petitioner. on the. trial of his accom-
plice, Charles w. Blake, was called as
a witness by the state and truthfully
testified as to the commission of the
crime, and thereby materially contr1-
buted to the conviction of Blake, the
instigator and chief offender. With
the finding Of the board is the follow
ing memorandum:
be granted in this case. First-That upon the
merits the petitioner is entitled to clemency.
SecOnd-That upon the trial of his accom-
plice, Charles w. Blake, he was called by
the county attorney a witness for the state
and testified fully and truthfully as to the
commission of the offense which resulted in
Blake's conviction. The first ground is en-
tirely insufficient for upon the merits, the ser
vices Of the petitioner to the state aside, the
admitted facts in the case do not justify an
absolute pardon. There are mitigating cir
l ann -faY hi rcrl1f
considered by the court sufficient to justify
sentence to the reformatory. This was all
the consideration the petitioner was EMIT led
to upon the merits. The story of his crime
is briefly told. He is an intelligent young
man of 20 years, of good parentage and breed
ing. He was, for five years before his con-
viction, the bookkeeper and cashier of the
Minneapolis Dry Goods company. During that
time he became acquainted with Charles w.
Blake. who is described a professional
swindler who seems to have won the confid-
ence Of Morrill, and acquired great influence
over him. Upon Blakes instigation and rep
resentation that large gains could be safely
and surely made for the joint benefit of the
parties by discounting the checks given by
life insurance companies in settlement of
losses, Morrill, advanced to Blake for the
purpose OF the supposed speculation money
belonging to his employers. The alleged spec
ulation was mere pretenSe on the part of
Blake to obtain the money. The sums taken
by Morrill,, at first, were small, but he could
not replace them and at the demand of Blake
who used his knowledge of Morrills crime
to enforce the demand, and in the hope of
being able ultimately to repay the whole
amount so taken. he made further advances
to Blake from time to time. until he had
| embezzied some $4,000 Of his emp oyer's MONEY!
Upon being charged with his crime, he ad-
mitted his guilt and plead guilty to the in
dietment and upon Blake's trial gave evidence
for the state which materially contributed to
Blake's conviction and sentence to the state
prison for the term Of six years 1t is clear
from these facts that cannot grant
so would establish a precedent for the grant
ing of pardons upon emotional grounds and
for sentimental reasons. The simple truth
is, the petitioner took the money of another
entrusted to his care, and used it for the
PURPOSES of a supposed private SDeculati
with the intent and expectation of replacing
1t. In so doing he committed a serious crime
for he who uses, directly indirectly, with
out lawful authority in fact as we'll as In
form. trust funds or money in his custody
or control for private speculation or for
any other purpose of his own. although with
che intent to replace them, is a thief and
| ought to be treated and punished as such
| II this prODoSitiOn were recognized and acted
upon by the public and those charged with
| the administration of justice there would
he fewer defalcations and greater protection
for bank deCcsitors and those who trust their
money to the care of others.
While pardon in this case can not Re
granted 3n its merits, we of the opinion
that it must be granted on grounds of sound
public policy. 1t is often necessary in the
! prosecution of criminals in order to prevent
| an entire miscarriage CT Justice. to use the
| testimony of an accompiice to obtain a con-
victfon CT the principal offender. To facilitate
| the securing of such evidence en- behalf of the
! government. courts agreed and the ec+ab-
lished usage is, in cases not capital that where
| an accompllce. at the request of the state
| testif1es a witness fer it fulv fairly and
| truthfully on the trial of the chief offender
| he is equitably entitled to receive immunity
| from punishment. This is secured to him
| either by Diminishing the to him. with
| the approval of the court (the usual way)
or by pardon upon the recommendation
| of the trial judge and the prosecuting attor-
new. The petitioners case falls within this
rule and the pardon is accordingly granted
1t is proper to add that there may be no mis-
understanding as to our position that In no
case is the right to immunity absolute and
that in capital cases. where the guilt of the
accomplish giving evidence for the state is
| clear, the immunity ought not to be extended
| beyond Imprisonment for life for a term
! of years.
! When the board met yesterday the
| first case taken up was the application
| of Joseph Soular and William Verrill
the st. Louis county boys sentenced
| to hang for the murder of an old man
near Biwabik, for Communication of SEN
tence to life imprisonment at Still
| water. Z. O. Baldwin appeared on be-
half of the boys, and urged commuta-
| ton on account of the youth of the
condemned prisoners. The case was
taken under advisement.
Lieut.. Gov. Gibbs and Senator Knat-
void appeared to urge the pardon of
julius Miller, serving a term Of eight
years for incest. The application was
denied.
Ed White was sent up Cor two years
and eight months from Polk county
| for grand larceny in the second de-
gree. An application for his pardon
| was granted on condition that he re
turns to his friends in North Dakota
and never returns to the state. White
is at present dying OF consumption.
Harry Wilson. sent to the peniten,
tiary for five years from Hennepin
where he was convicted Of larceny, IS
also a victim of consumption The
board decided to grant him a pardon
provided his friends in Texas come and
take him there to die.
Nicholas Kouth, alias John Herman.
sentenced from Anoka for grand lar
ceny, was denied a pardon for the
reason that it was shown this was
Kouth'S second incarceration.
The application Of Anton FRANKIE
Jr., sent from Ramsey to the peniten-
tiary for five years for assault in the
second degree, was granted on condi-
ton that FRANKIE will forever refrain
from the use of intoxicating liquors.
The application of Tony Jams, who
| is serving a term in the st. Paul work
house, was taken under advisement.
John Kronck, sent to the workhouse
from the st. Paul municipal court for
larceny. was on parole from the state
training school. The board, on the APP
plication of Supt. J. w. Brown, of
the state school, decided to pardon the
boy from the wOrkhouse on condition
that he return to the reform school
An application for a pardon for Mrs
Maurer, alias Annie Preston, sent tc
the workhouse for ninety days fol
keeping a disorderly house in ST. Pau
was taken under Amusement.