The Red Cloud chief., 1902-01-10
GIVEN FULL PARDON
ex.State Treasurer BARLEY Liber.
ated On New Years DAY.
GOV. SAVAGE TELLS why NE DID IT
u. q %. Fast Express w~recksd-rwo
Dead From Effects Of Wood AIco-
hol-Highwayman Shot In Chi
caco-Otber Important Now

Former State Treasurer Joseph n.
BARLEY, sentenced in 1897 TO twenty
years imprisonment for the embeazle-
nent of public funds, has walked out
OF the state penitcntiary u free man.
His sentence was committed TO five
years, seven months and eight lays,
which term expired December 81, 1901.
and the official discharge, signed by
the governor. was delivered by Private
Secretary Clancy to Mr., Bartley's
family. A few minutes later Miss linda
hartley, the prisoners daughter, took
the papers to the pcnitentiary aud
upon their presentation to Warden
Davis her father was Immediately re-
leased.
The arrest and incarceration of Bart
Icy dates from June "a, 1897, when he
was placed in tAe Douglas county Jail.
He was o removed TO the peniten-
j~tentiary until July o, 1898, after the
supreme court had affirmed the sem
enc OF twenty years imposed by
Judge Ben Baker. Counting the time
he was in Jail and good time allowance
he has served five years, seven months
and eight days.
While the total shortage charged
against Baptley is over $500, 900, he
was convicted for embezzling the pro-
ceeds OF "A certain state warrant
amounting to S2Ol 900. This warrant
passed through the Omaha National
bank and hat institution and its pres
idcnt, Senator Willard, are now defend
ants in a suit in which the state seeks
To recover the money. This suit is
pending in the supreme court and it
is reported that the three judges now
on the bench hold different views in
regard to the Interpretation Of the law.
The failure of BARLEY to account
to his successor created q sensation at
the time and has even since been the
u OF much discussion in business
and political circles. Having been
elected on the republican ticket, his
shortage was made an issue by the
fusion party. Gov. Savage paroled Bart
ley July 10 for a period of sixty days.
When the republican state convention
met August IS, a resolution said to
have been drawn up by Il. Rosewater
OF Omaha was presented and adopted
after q heated debate and within an
hour Governor Savage sent BARLEY
back to prison.
In justification of his action Govern.
or Savage says in part:
THE primary question to be consid-
cred In all cases involving executive
clemency is, Has the prisoner been
punished in a degree commensurate
with his ~offense?" The object of every
penal law is, or should be to adjust the
punishment to the enormity of the
crime. While it may be contended
that the guilty should be punished as
much with the object in view Of deter
ring others as to making the guilty
suffer, it is manifestly wrong 10 prey
upon the liberty of one individual in
order to remove the impure ingredients
IN the character of another individual.
If the individual who commits a crime
is punished according to the degree of
the crime he has satisfied the demands
OF organized society and fully vindi-
Gated the law, and any further penalty
inflicted upon him Is a whitening trav-
csty on justice. That philosophy which
remedies n i'll by multiplying the
enormity of other ills is both unsound
n dangerous and should have no
place in the laws or morals of q civil
lied people"