The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-05-22
BOARD Of PARDOHS.
MEMBERS HAVE A PERPLEXING
PROBLEM TO SOLVE.
It Is In Regard to the Paroled Pris-
oners-The Sentence of Robert
Smith Comnluted--J. D. Living
ston Pardoned-Many Denials.

The state board of pardons has a
very perplexing problem to solve in the
task of determining whether to grant
unconditional pardons to those prison
ers who were paroled and later recalled
because the law under which the pa
roles were granted was deemed to be
unconstitutional. The parole6 convicts
made showings sufficio.t TO secure their
conditional freedom, and since their re-
/ call they are endeavoring TO obtain
complete pardons. Because parole
! was granted it does not necessarily fol-
I low as a matter OF even handed JUS
tice, tempered with mercy, that full
pardon should be given to the prisoner
I whose parole was authorized by an
unconstitutional law. Whether or not
/ to grant pardons in such cases Will
probably be determined at the next
/ session of the pardon board on June Is.
The board gave partial consideration
| to the matter yesterday while hearing
the petition of Peter Clark, who is
! serving ten years sentence since May
( u, 1896 for killing Henry r. Nugent at
Park City, and the petition for pardon
of Frank CARING, who was sentenced
on Oct. 10, 1895, to five years in the
state prison for administering poison
with intent to kill in Willard county.
Clark was out on parole from Jan. 10,
1898. and CARING from Sept. 3, 1887, I'M
til March %, 1898.
At the next session of the pardon
board rehearings of petitions for uncon
ditional pardons will be accorded to
three other cOnvicts. who were recip-
tents of parole favors. Two of the pc
titioners are John Benson and Hyrum
AI1T9 riI do of
serving a ten years sentence for kill
ing DR.. Elliott, and the other is Mo-
desto Sicher. who was sent UP for
five and d half years for killing his
partner in the fall of 1884 in a Parley'S
canyon prospect tunnel These three
enjoyed paroles last about six months
and until March % last.
ONE SENTENCE COMMITTED.
The application OF Robert Smith for
a communication of sentence was grant
ed. It appears that the petitioner was
convicted before Justice Sommer OF as
sauit and battery and sentenced to pay
a fine of $50. He appealed to the dis
trict court, but through lack of under
standing failed to appear for trial on
appeal. The sentence Of the lower court
was accordingly affirmed. The board
commuted the fine to SO, because Smith
is in INDECENT circumstances, and for the
further reason that the fine appeared
excessive.
The only pardon granted yesterday
by the board was to john D. Living
ston of Sanpete county. The petitioner
was sentenced on Oct. %, 1897. at Manti
to one and a half years imprisonment
for stealing COW from his old part
ner. Jesse Z. Taylor. From afhdaVlts
it appeared TO the board that the ac-
cused had permission to take the ami
NAL in settlement of an assigned claim
against the owner. Several months af-
terward young Livingston and his
partner had a disagreement, resulting
in his arrest on the charge of grand
larceny. Because of his extreme 10y
atty TO unworthy friends, Livingston
pleaded guilty to the charge. Living
ston's- petition was strongly endorsed
by prominent officials and influential
citizens of Sanpete county, all certify
ing to his good character. Now that
Livingston is pardoned, he intends to go
to school and shun evil companions.
NEARLY 4 DOZEN DENIALS.
The board declined to grant pardons
in the following cases:
Robert Boardman, jr., sentenced on !
Feb. l. 1898, by Judge Dusenberry TO Is !
months Imprisonment for carnally /
knowing a female under the age of con- .
sent; George Long, sentenced to three /
years prison SerNltude on April ~ 1
1897, for committing an assault with a |
deadly weapon at Salina; David Nc /
Cune, sentenced at Panguitch on July /
10. 1897, to is months for committing an !
assault with intent TO rape; Louis Pal !
lilo, sentenced to two years at Price on !
Feb 10, 1897, for committing an assault |
with a deadly weapon; Edward Under |
wood, convicted at Provo of house ]
breaking, and sentenced to one year in
the state prison; Peter Larsen, serving /
a years sentence from Dec. I, 1897. for
burglary at Nephi Frederick Wolfe, |
undergoing a three years term from
Jan. 20. 1897, for burglary committed in
this city; Joseph Braun, sentenced on
Feb. y, 1897, for grand larceny commit
ted at TayiorsvNle, and George Davis,
sentenced on Fen. %, 1888. by Police
Justice Timmony 10 80 days in the
Jail for receiving q stolen buggy.
Rehearings were denied to Samuel
Mulberry and Joseph Hedges.
THOMAS WILLIAMS CASE.
On request of his attorney, the ap-
plication of Thomas Williams, serving
a life sentence for killing a man named
in Tintic about Is years
ago, for rehearing, was continued till
the next meeting of the board