The Advocate and news., 1898-03-02
The State Board Of PardOns.
NOAH W. WELLS,
President Kansas Board OF Pardons.

from you 70 write what 4 Know apOut the
State Board OF Pardons. | have been 30
buay heretofore that 1t has been impossible
for me to do so. Since that time Judge
Foster, OF the Federal court has seen ht,
ln paper read before the State Bar AS
ISOLATION meeting, recently held IN Topeka
10 make some remarks about the Board OF
Pardons that deserve some attention The
Judge says: "A tribunal OF pardons should
have no place In the economy OF civil gov
eminent among men" He proceeded to
argue that proposition upon the theory
that C'the king can do no wronB'O courts
make no mistakes, that 1uries are infalll-
BILE, and always return the right verdict.
This, to q man who has had experience IN
the courts, seems to be position that 10
not borne out by the facts. A few instances
OF the way II works might not be amiss.
Out In the western part OF our state man
ls arrested upon warrant charging him
With O very helnous offence; he Is taken
into an adjoining county, some thirty miles
from his home; the same day he Is put
upon his preliminary examination; his re-
quest for time to prepare his defense Is
treated with contempt-as the actions Of
guilty man seeking to defeat justice by
delay. He Is compelled to go to trial upon
his preliminary examination, and OF course
he Is bound over to answer for his crime
In the District court. The same day upon
which his preliminary examination Is held
the County Attorney files the information
against him The next morning he Is put
on trial. His plea for more time Is dis
regarded. He Is not even allowed to COM
municate with his friends. He has no
money with which to employ the "astute
counsel that Judge Foster presumes de-
aends in ali criminal cases, so the court
appoints learned lawyer to conduct the
defense, one who has never before tried
q case In the District court, the Ink upon
whose certificate OF admission TO the bar
has not had time to dry. The trial, IL such
q farce can be called a trial. Is gone
through with, and-would you believe it?-
that fool jury has some man or men upon 1t
who, not having a proper regard for the
dignity and lnfalllbility Of the court, re-
fuse to find the defendant guilty, and fail
to agree upon verdict. This Is so great
an affrOnt to the court that the next day
the Judge Of that court goes to the County
Clerks office himself, and without any
assistance from any one selects a jury OF
his liking from the tax rolls OF the county.
This jury Is Immediately summoned, the
defendant again put upon his trial, and
convicted Now, all this does not come to
the Board OF Pardons by the medium of
"falsehood, perjury, gossip, and chcan-
cry" but Is evidenced by certified trans
cript Of the record of the trial. and II
Judge Foster will drop into the office OF
the Board Of Pardons some time when 1t
Is IN session he can see 1t.
The now convicted criminal receives the
sentence Of the court, fifteen years at hard
labor In the penltentiary. He ls now be-
yond the help of courts; even a Federal
Judge with all the power he Is able to
arrOgate to himself, Is unable to release this
one man from his unjust Imprisonment,
is unable to relieve from the petty tyranny
imposed upon q citizen by court. Yes,
but Judge Foster says, He has the right
90 appeal" l presume so, but this Is a
right that Is denied to the poor--the man
who has no money to pay for transcripts,
the printing and preparation Of briefs and
attorneys fees has no appeal In Kansas,
This. you III say, is an extreme case.
grant It, but you will find many similar,
IN some IL not in all respects. The poor
Ia nanntiU HafnnHad hVy tha
member of the bar In the county where
he. is tried, appointed by the court, in
order to give the young man chance, |
and because the older and more experienced
layers are too busy to try lawsuits for
nothing.
Then, again, It would seem to some men
that In some cases the inequality OF the
sentences imposed by the court for differ
ent crimes would justify the Intervention
OF a Board Of Pardons. For instance, two
negroes In Shawnee county break into a
chicken house and steal seven chickens,
WORTH probably, $780, They each receive
diary AT succeeding term OF the court
q white man who Is made the custodian
OF trust funds by the appointment of O
court, steals the fund, amounting to 5000,
and Is sentenced to three years In another
county boy OF 20 gets seven years for
Htealing chickens valued at 1915 and O
banker gets two years for stealing $50 00O |
OF the funds that have been entrusted to
convicted and serving time In the peni-
tenti&ry within Ave days OF the time OF
the alleged commission of the crime. He
was defended by one of the "astute coun-
sell appointed by the court. These are only
few OF the cases that might be cited to
show that courts sometimes commit a
ttrnvesty upon justice and truth that ought
tu bring the blush OF shame to a people
who tolerate It." and especially to lover
Cf liberty and right Yet after these things
are done there is no court that has the
ln the name of JUSTICE no power but this
same desplsed Board OF Pardons with the
tAght TO inquire into the facts, and, II JUS
tAce demands, recommend that a pardon
be granted II Judge Foster had taken
the trouble to investigate the workings
OF the board before condemning It, ne
would have left unsaid many things that he
did say. But II would seem from his un-
founded and untrue statements CIT has
become q receptacle into which is dumped
1hlsehOod, perjury, gossip, and chcanery'), |
thar the IudRa "a Rn thA hnhft oF fnYnHlnp