The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-10-16
TWO C0NV|C1S PARDONED.
PETER CLARK, ONCE PARoLED,
GIVEN HIS LIBERTY.
Rufus Smith, Sixteenth Infantry
man, Secures Pardon-Two De
malls and Postponement.

Until the oath of last March Peter
Clark enjoyed &c days of conditional
freedom from the state prison, where
he had been confined on a conviction
and sentence of ten years for man
slaughter On the attorney general S
opinion that the law authorizing pa
roles was unconstitutional, Clark and
three or four other convicts were re-
turned to prison. The other oaroled
prisoners subsequently made a show
ing that they were entitled to full par
dons, and early last summer their petit
lions were granted by the board of par
dons. Ever since Clark's return from
parole he and his friends have eXerted
every influence to secure pardon, and
yesterday he walked from the prison
gates free, happy man. His petition
for clemency was endorsed by officers
of the law, officials of the state prison
and prominent citizens of this city and
Ogden Although Mrs. Minnie Nugent
Walker filed a protest, 1t appeared to
the boards satisfaction that Clark 5
reformation had been accomplished,
that the ends of Justice had been salts
fed, and that his wife and child and
the babe soon to be born to him needed
his help and protection, the board was
moved to grant him an unconditional
pardon. Clark's offenSe was committed
on Sept. 10, 1895, when, in a Park City
saloon, he shot and killed Henry X.
Nugent, a faro dealer, at a game
where the defendant lost money at
gambling. He was convicted at Coal
vile on May 5, 1896, of voluntary man
slaughter, and sentenced by Judge
Hiles to ten years penal servitude.
SOLDIER SMITH PARDONED.
For shooting and killing his COM
rade-at-arms at Fort Douglas on June
4, 1891, Rufus Smith, a soldier of the
Sixteenth infantry, was sentenced by
Judge Zane on Nov. 4 following, to
serve a term of % years at hard labor,
the defendant having pleaded guilty to
murder in the second degree. Smith
victim was William Garter. 1t appear
ed from the evidence that the two SOL
diers had a quarrel over a game Of
cards, money being at stake, and Smith
challenged his adversary to fight, but
before hoStilitieS commenced Carter re-
ceived a pistol shot wound from which
he died. Smiths petition for a pardon,
this being his second application, was
endorsed by General Penrose and sew
eral officers of the Sixteenth regiment,
who certified to his excellent army rec
ord. Other weighty recommendations
in Smiths behalf were submitted to the
pardoning board, and yesterday his
shown to the boards satisfaction that
the convict had been sufficiently 9un-
ished. Smith is now over 43 years old,
and he will join his aged mother in
Tennessee. He was a trustv for some
time, and drove the 0enitentiary
wagon.
Denials Of Dardons were entered IN
the case of w. Es|Teague, who was
sent uD for seven years on Sept. 9,
1896, for grand larceny, committed in
Tooele county, and of Charles T. At
wood, who was sentenced on April I6
last to four years Imprisonment for
larceny, in Uintah county.
The board reserved its decision on the
application of David McCune for a re-
hearing on his petition for a pardon
McCune has almost completed a SEN
tence Of a year and half on a con-
viction IN Garfield county of assault
with intent to commit rape.