Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-10-25
AT THE WHITE HOUSE
Dora Martin Secures Her
Fathers Pardon.
HISTORY OF A CRIME
ATTORNEY GENERALS REVIEW
AND RECOMMENDATION.
Report on the Panama Canal Title Has
Been Made to the President
by Mr.. Knox.

With pardon releasing her father from
life Imprisonment in her hand. Miss Dora
Martin, a handsome and overjoyed young
lady of eighteen, left Washington this
afternoon for Columbus; Ohio, there to
lead her aged father from Jail and take
him with her to the home where his wife,
two daughters and two sons have lived a
life of self-denial and work for fourteen
years to earn money for the trip which
Dora is Just to conclude with such signal
success This home is in Yell county, Ark,
and the story which goes with the pardon
is one of the most pathetic in the annals
of the Department of Justice.
Fourteen years ago Joe Martin was con-
victed of killing Ernest Adams The trag-
edy took place in the Indian territory
where both resided. A speedy trial result
ed in the sentence of Martin to be hanged
July 80, 1889, President Harrison commuted
the sentence to imprisonment for life.
When President Harrison took this action
he commented upon the unsatisfactory
character of the evidence, which was en-
tirely circumstantial. He concluded that
even If the petitioner did kill Adams. 1t was
evident from the testimony that the kill
ing occurred in the course Of a fight in
which Adams, the deceased. was the ag-
gressor, and had several times threatened
the life of the petitioner. and was at the
time of the fight seeking the petitioner S
life.
In presenting the case to President Roose-
welt today, which action was taken directly
as the result of the visit of Miss Dora and
her importunng for the past ten days at
the Department of Justice, Attorney Cen
eral Knox says that he heartily agrees with
President Harrison in his conclusions on
the case and this. together with the fact
that the prisoner has served long term
in the penitentiary, equivalent to more than
a twenty years sentence, he recommends
that his sentence be commuted to expire
Immediately.
History of the Alleged Crime.
The history of the alleged crime for
briefly by the Attorney General for the
President to review In states that on the
day of the alleged killing. Adams, the de-
ceased. attacked Martin with a club. After
the encounter, Martin went home and
Adams went to the house of a friend. The
trouble is said to have arisen In dispute
over a watermelon. From man by the
name of Jones. Adams borrowed a shot
gun and started out on a search for Mar
tin. He found Martin at home in his front
yard with his two little daughters on his
knees. leveled his gun at him and notified
him that he was going to kill him. Martin
besought his antagonist not to kill him In
the presence of his family and the deceased
then compelled Martin to accompany him
out into the road and march in front OF
him. Just as Adams was about to shoot,
step was heard behind him and as he
turned to look Martin took advantage Of
the opportunity and grappled with his an
tagonist. A shot was heard, and some
time thereafter the body of a man with
his head cut off was found in the Red
river. The identification was very incom-
plete. The body was wrapped in bed
quilt. which, as one witness testified, be-
longed to the petitioner-Martin. The lat
ter was thereupon arrested, and 1t was
proved that he was the last person seen
with the deceased, and the jury believed
that he had murdered him and disposed of
the body by cutting off the head and
throwing it into the river.
The Attorney General says that it seems
beyond question that if the petitioner did
kill Adams he killed him during the course
of quarrel and fight, preceding which the
deceased had threatened and soueht his
life, and killed him with the very weapon
with which the deceased intended to kill
Martin.
Commenting on Indian territory Justice
at this time the Attorney General says
further that 1t is to be rememoa-cd that
this conviction and a number of others II
the same district at about the same time
were obtained by the government during
period when a reign of terror existed in
the Indian territory. 1t is said that Judge
Parker, who was the trial judge r this
murderers than any Judge who had ever
sat within the limits Of the United States.
Il have reviewed several Of these cases."
continues the Attorney General. "and 1t
appears to me that many of them were
conducted without the regard for the rights
of defendants which prevails in more set
tied and law-abiding communities, and that
many convictions were obtained which
could not have been obtained elsewhere
This condition was perhaps the almost nee
essary result of the state of affairs which
existed In the Indian territory in those days
when the Indian territory was infest ed
with outlaws and desperadoes and murder
and robbery were everyday occurrences.
Attorney Generals Recommendation.
Taking into consideration the facts, as
proved upon this trial, and the surrounding
circumstances, l am clearly of opinion that
this man should not have been convicted
of murder. Granting that he killed Adams
ne did so at a time when his life was
threatened and was actually in danger IT,
as the government sought to prove, he sub
sequently decapltated the deceased and dis
posed of his body by throwing it into The
river, he probably did SO account of his
fear of the consequences of his act how
ever necessary innocent this act NAV
have been. / am thoroughly convinced that
he did not commit premeditated murder
and in view Of the fact that he has served
the equivalent OF the usual sentence for
murder in the second degree, I recommend
that his sentence be commuted to expire
Immediately"
Under ordinary circumstances the warden
of the Columbus Jail would be telegraphed
to release Martin. but In this case Miss
Dora has requested that she be allowed to
bear the pardon in person to her father and
the department has acquiesced in this re-
quest, IS 1t has in the original request for
the reopening of the case, which resulted so
happily for the young lady
Miss Dora has had but one object IN life.
That object has been the pardoning of her
father. Herself, as well as her sister and
her two brothers, and their mother, have
devoted their entire energies to earning the
necessary money for the trip to Washing
ton. So earnest and jealous have they been
in this direction that Miss Dora as well as
her sister and brother, have not even had
a common schooling. That they were right
In their procedure in the case Is shown that
three years ago an effort was made to
have the case reopened by correspondence
with President Mckinley, but the effort
failed.
Charles Newberry Pardoned.
President Roosevelt also today signed the
pardon of Charles Newberry, who was con-
victed in the western district OF Virginia of
resisting revenue officers. and with three
co-defendants, was sentenced to imprison-