The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-02-01
gK.E| III | Q
PARDONED 10y GOV. ATKINSON.
ON REPRESENTATIONS MADE By
JAMES A. F1LAN. WHO WAS THE
FOREMAN oE THE JURY, AND
oTHERs-THE NEWS RECEIVED
HERE WITH cENERAL salts.
FACTION THERE HAS All.
WAYS BEEN A DOUBT OF
THEIR au1LT--How THEY RE.
cEIvED THE NEWS AT THE
PENlTENTIARY.

7afFN AkAksiAs ISAL1--f1ON 9hEl tSE-
cEIvED THE NEWS AT THE
PEN1TENTIARY.
Governor Atkinson yesterday pardon.
ed Thomas D. Kelly and Harry D.
Chrlst!e. the men who were convicted
4 F.n May. 1883, OF the murder OF Police
officer Joe Glenn, early In the morning
iot Sunday. January II, 1883. The gov
serrot gaze out the following statement:
Thomas Kelly and Harry D. Christie
were convicted, in the circuit court OF
Ohio county, for the killing Of Police Of
fleer Joseph Glenn. q little otter, mid
night. on the morning OF January 10.
[ 1855. In the proof OF the time OF the
5 murder OF Officer Glenn lies tho
strength OF Kelly and Chrlstle's nppll-
cation for pardon. That Christie was
at Falrmont between s and 0 o'clock on
the evening OF January n. has been
concluslvely proven by aifidavlts pre-
scented by a number OF reputable men,.
That he was al Glover's Gap the next
morning at q O'clock has been equally
well determined. These two facts have
{ been clearly established by aflldnvlts OF
= reputable citizens OF Marion county. It
Is evident Christie was not there. Kelly
i presents responsible testimony to estab-
lish an alibi, also. The same evidence
Z that convicted Christie convicted Kel-
|, W. The conclusion OF the Jury Is un-
'>qhest.onablya wrong as to Christie and
fhe presumption Is that II was wrong
Z as to Kelly. as well. which presumption
isL sustained by very clearly proven
abb. on keliy's part. Officer Joseph
Glenn was a highly respected citizen
and an officer OF great popularity. Pub
lie sentiment was aroused over the
brutal murder. The conviction OF some
q body was demanded by the community.
e This condition, together with the fact
of a reward Of $500 for the arrest and
conviction Of the murderer. lent the
usual undue zeal 10 detectives to bring
about the conviction OF somebody, SO
that monetary advantage might be
theirs. Christie and Kelly were arrest
ed in Newark, Ohio. They were tramps,
without Standing In any community.
This fact brought with It the usual
suggestion OF Confession" to the minds
OF the seekers after the rewards. It Is
! claimed that these two men made con-
LESSONS to fellow prisoner. This fact,
together with the popularity OF Officer
8 Glenn, greatly aroused public senti-
ment. and the desire to have the re-
ward, on the part OF some officers Of the
law. were the principal factors that
brought about the conviction of the
PARTIES. Since their conviction, facts
: cave been secured that were not pre-
scented to the jury. These facts, had
they teen offered in the defense OF
these two men. would unquestionably
have acquitted them. The application
:: for the pardon of Kelly and Christie,
was presented to Governor W. A. Mac
Corkle.s Governor A. B. Fleming. by let
ter on file, states that he Is convinced
now OF the innocence OF these parties,
and, had the case been presented to him
during his term of Office, he would have
j pardoned Christie. The seriousness of
the crime has undoubtedly been the
cause OF executive delay on the part OF
/ my predecessors. Nine members OF the
jury who convicted Kelly and Christie,
petition for their pardon on the ground
OF subsequent development OF facts.
which were not presented at the trial,
Z and which tend to prove the innocence
OF both parties accused
Several OF the jurors have been espe-
cially Jealous in their endeavor to Sc
cure the pardon Of these men, believing,
n as they state, that they were parties to 4
conclusion that has since been proven
to be unjust. The other Jurors are In
3 accessibletwo being dead and one can't
+ be located. Among others. who have
asked for his pardon, are: ]. i. Som
merville, who assisted in the defense:
4 the late Colonel Charles Hagan. ex-
Z Senator Dorsey, Mayor ]. R. Butts. OF
Wheeling: John a. Howard. who assist
g ed In the defense: ex-Chief OF Police
< r.: T. McNichol: l.. S. Jordan. who
i prosecuted the defendants, the Wheel
ing papers. and many others.
& In closing, Governor Atsinson said:
= The legislature OF West Virginia, few
years ago, passed joint resolution d.
y rectins a special Investigation OF the
facts IN this case. which, however, was
y never made. II view OF the facts before
set out. coupled with the further fact
that the defendants have served nearly
ten years in the peaitenttary OF the
q state, It IS hcreoy agreed that Thomas
Y Kelly and Harry D. Christie shall be
Il released from further confinement In
i% the peniteatia-y OF this state, under
z sentence Imposed upon them by the
9 circuit court o; OnIo county ct spe-
ella! term held In July. 1883, at Wheeling,
Il upon these conditions. that II at any
time hereafter. they shall be guilty Of
~ any offense or crime against the laws
Of this state. they shall be reoommitted
under said sentence to confinement IN
H the gpenItentiary. for the remainder OF
their natural lives.
q The news CT the action Of Governor
!. Atkinson in pardonlng Thomas D. Kel-
~ and Harry Christie, serving terms Of
Il life Imprisonment at MoundsvIlie, for
the mlrdc: Of Police Office: Joe Glenn.
OF the Wheeling force, between 12 and
4 l; O'clock on the morning Of January Is,
1885. Wss received here yesterday after
noon with great interest Although the
~ crime was committed e little more than
y ten years ago, the public interest has
y been maintained TO certain degree on
Z account Of the couot that has never
) been dispeiled that Kelly and Christie
=, might not have been guilty OF the
crime. So far rs could DO asccrtalned
y last night, the prcponderance OF opin-
ion Is largely In approval OF the COVER
ssnor's action. People acquainted with
I; the developments brought out at the
Il trial are now discussing the question as
z to who killed elena, and whether the
assassin will ever be known, which
~ m Irv,nrobo nln ..hs.E s-ss