The Topeka state journal., 1901-09-19
IN OR OUT.
A Question For Supreme Court
to Decide.
When Does Convict's Term in
Prison Commence.
QUEER CLAIM MADE.
That 1t Dates From the Day of
Sentence.
Case Of Jack Williams Whose
Pardon Was Revoked.
QUEER CLAIM MADE.

It may be necessary for the Kansas
supreme court to give an Interpretation
on an important law relating to the ex-
piration Of convicts' sentences in Kan
sas in cases wherein at any time this
court itself had given stays of execu-
ton. There is a case up now the point
of which is to determine if the time a
convict is out on bond on a stay of ex-
ecution is considered as having been
spent in jail and SO deducted from the
time he serves later.
In other words it may be pushed up
to the supreme court to say in so many
words that man cannot be out of jail
and in at the same time; that a man
who is out Of Jail is out of jail and
one in Jail is in jail.
This seeming paradox is brought up,
however, in the case of Jack Williams,
of Salina-
Among the citizenship pardons just
issued by Governor Stanley for the ben
eft of prisoners to be released in Oc-
tober was one for Williams. Williams
was put in the penitentiary for perjury
and the sentence imposed was three
years He did not begin serving his
sentence on the date of commitment,
but was at liberty over a year on a
stay Of execution secured by his attor-
neys in the supreme court.
The supreme court finally affirmed
the decision Of the Saline county court
and Williams entered upon his term Of
imprisonment He was originally com
mitted early in 1899, so that from the
date of the commitment his sentence
would regularly expire next month.
Warden Jewett in taking charge of
the prison went by his records and rec
commended the citizenship pardon for
Williams, along with the others about
to be discharged, so that they get re-
turn of their franchise.
Governor Stanley issued the pardon
before the discovery was made that If
Williams was released it would be re-
ieving him of about half of his i'm
posed term of confinement
Governor Stanley forthwith revoked
the citizenship pardon as it has not yet
been delivered.
But David Ritchey, Williams attor-
ney, is threatening an habeas corpus in
the supreme court to get his client out
next month.
The statute was examined in the at
torney generals Office at the request of
Governor Stanley. It is found to be
vague on the subject as to whether a
recommitment must be made after the
supreme court has passed on such a
case or not. Judge West assured the
governor that he had no doubt the su-
preme court would sustain his action in
recalling the citizenship pardon and in
struct1ng Warden JeWett to hold the
prisoner until his sentence had expired
from the time he actually entered upon
the serving of it.
Otherwise the securing of a stay of
sentence pending the decision of an ap-
peal, could possibly be made, by delays
and postponements, to run throughout
the entire period of a sentence Of one.
two or five years and the convict
would pay his Imprisonment without
ever being inside prison walls at all.
Jessie Morrison's appeal might drag
along this way for instance, and there
is no conceivable limit to the lengths to
which such inroads on equity would go.
Don't let the little ones suffer from
eczema or other torturing skin dis
eases. No need for it. Doan's Ointment
cures. Can't harm the most delicate
skin. At any drug store. 50 cents.