The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-10-14
FRANK H. HAMILTON, CONVICTED
OF KILLfNG1LEoNARD DAY,
APPEIEstTo BOARD
WILL BE
HEARD ON NOVEMBER 8
twenty Seven Petitions Submitted to
Board by inmates of saltwater Pew
tertiary and Other Prisons-Pecuiiar
State of Things Revealed by the APP
pIication of John F. Mccarthy.

The application of Frank III. Iiamil-'
ton was one Of the twenty seven cases
on the calendar which was considered
by the state board of pardons yester-
day.
Hamilton was sentenced for seven
years from Hennepin county, Feb. 20,
1901, having been convicted of man.
slaughter in the first degree for the
killing of Leonard Day, in the bar
room of the West hotel. 49,
Attorney A. B. Jackson, of Minneapo-
lis, when the Hamilton case was call
ed, stated that owing to the absence
of F. M. Nye, he would like to have
the matter Of the Hamilton application
passed until a later date. After a CON-
ference, the board decided TO take up
the Hamilton application, as well as
those which, were not acted on yester-
day, Nov. 8.
While the friends of Hamilton are not
inclined to talk about the nature OF
the application to be made in his be-
half, it is understood the board of par
dons will be asked to commute the
sentence of seven years to four, instead
of granting a pardon.
If the board Of pardons will COM
mute the sentence to four years, then
Hamilton viii be eligible to a parole
next February, when he will have serv-
ed two years. The plan of securing
a committed sentence, instead Of a par
don is urged by the friends Of the pris-
oner for the reason that it is more like.
ly to be granted than pardon. @
fsaf.i4 Queer State of Facts.
The. application for a pardon for
John F. Mccarthy, now doing fourteen
slaughter, brought out a rather queer
state of facts. Senator H. H. Horton,
of st. Paul, presented affidavits from
Victor Smalley, E. f. Crawford and
others to the effect that an affidavit
made by Leonard Russell, for whose
killing Mccarthy was convicted, was
in existence. but the party holding it
refused to deliver it unless paid $50.
The affidavit was made, according to
the statements of Mr.. Horton and
Humphrey Barton, before Justice Of
the Peace ]. F. Holmes by Leonard
shortly before his, death, and it is
claimed exonerates Mccarthy COM
pletely. IS -,
Chief Justice Start expressed the
opinion that when the liberty of an
other depended upon the production of
an affidavit for which $50 was claimed,
it might be that the affidavit was pre-
pared to SELL. Attorney General Doug
las expressed surprise that the prose-
cutting attorney, the judge, or Attorney
Stanton, who represented the defend
ant, did not present the affidavit when
Mccarthy, who pleaded guilty, was
sentenced.
The attorneys who appeared before
the board yesterday explained that
they could not understand why the
affidavit made by Leonard had been so
long kept back 1t was decided to Sc
cure a statement from the justice of
the peace, who, 1t is claimed, took the
affidavit of Leonard, and a statement
from Judge Watts and the attorney
who prosecuted the case, before the
pardon board takes further action.
Good as the Gold Cure.
The application of r. D. Hobrecht,
who robbed the till at the rooms of the
st. Paul Y. M. c. A. of ST0, was
denied. Hobrecht was sentenced jan
uary last to two years and half after
pleading guilty. The application for a
pardon was based on the ground that
the prisoner was a victim of the drink
habit and committed the theft while
under the influence of liquor. The
board decided that a good way to break
off the habit would be to have Ho-
brecht remainairp prison until he was
eligible to paroles -
The attorney who defended Harry
Rease, sent from Crow Wing county in
March, 1899, for ten years for highway
robbery, presented letter from the
county attorney recommending that a
pardon or parole ibe granted. The at
torney argued that the testimony of
the prosecuting witness proved clearly
that ReaSe was innocent, but num-
Der of robberfes, just as the case was
being tried, Influenced the jury in
bringing in verdict of guilty. The
application was taken under advise
ment. ~ -
Additional argument was made in
behalf of granting pardon to Lester
A. Rollins, sentenced to ten years and
six months from Redwood county for
criminal assault eon a girl Of fourteen
years. The application for pardon
for Robert Owens, sentenced from
Mower county in March, 1899, to a
term of life imprisonment for abuse of
a female child, was also heard Both
cases were taken under Amusement.
FL. c.. Gurnee, of Minneapolis, was
granted a pardon from the workhouse
of that city Gurnee was sentenced to
sixty days, without the option of a
fine, for stealing 81 from a locker in
the Y. M. C. A. rooms. AS he is but
twenty. years old and the support of
his mother and brother the pardon was
granted.
These Ask for Pardon.
The new cases in which applications
for pardons were made follow
George Munroe, sentenced from Hen
nepin. cVlnty, Oct 10, 1901, to state prison
for four years and six months. Grand lar
ceny in, second degree.
Henry F. Smith, sentenced from Dodge
10
seven years and six months. Robbery in
second degree Taken under advisement.
Henry Lund, sentenced from Henne-
pin county, Feb. "a, 1902, to state prison.
reformatory plan. Forgery in third de-
gree. 8
Henry Weldon, sentenced from Henne-
to state prison. Robbery in first de-
gree. Trial judge recommends sentence
to be cut down to ten years, providing be-
baylor at pris99n mas been satisfactory
Reuben G.. Pickett, sentenced from
Hennepin county December. 1901, to
state prison sfor twelve years: Man
Thomas H. CurtL sentenced from Ram
sey county Feb. z, 1902, to state prison
for two years and six months. Forgery
wing county March IA, 1899, to state
prison for tep years. Robbery in sec
Frank B. Nichols, sentenced from Hen
nepin countydOct. 81, 1901, to state prison
for four years and six months. Receiving
Robert Owens. sentenced from Mower
county March %, 1899, to state prison for
term of his natural life Carnal abuse
and knowledge. of "a female child.
Louis county Sept H., 1902, to state pris-
on for one year and six months. As
sault in second degree.
ri Glover Atkins, sentenced from Hen
nepin county Nov. Is or IA, 1901, to,
state prison for one year and six months.
Attempt to commit sao,e by means Of
mona county Jan. 20 to %, 1897, to state
prison for fifteen years and four months.
MansIaughter in the first degree. Case