The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-11-11
BOARD COMPUTES
HAMhT TONS TERM
This Action Makes Him Eligible
to Release on Parole
Immediately.

1t now rests with the state board OF
control when Frank H. Hamilton shall
be liberated from prison. The board
of pardons has committed Hamilton's
sentence from seven to five years. thus
making him eligible to parole at once.
The board Of control will hold its reg
ular monthly meeting at the prison
within a week, and it is expected that
the parole will then be granted.
One of the essential conditions to
parole Is that employment shall have
been provided for the prisoner before
he is permitted to leave the prison. 1t
is understood that a position is now
awaiting Hamilton.
The communication of Hamilton's SEN
tence comes as the conclusion OF many
months Of elaboration on the part or
the state board of pardons. Applica-
ton was first made to the board at us
meeting Of January last, and, although
the matter had been considered at each
of the quarterly sittings since then,
and additional testimony had been re-
ceived from time to time, action was
deferred until yesterday. Ham1ltons
cause was INCREASINGLY advocated from
the time his petition was presented by
Frank M. Nye and M. H. Boutelle, at
torneys. of Minneapolis, and the petition
was secretly opposed by attorneys
acting On - behalf of the mother OF
Leonard Day, the young man whose
murder brought about Hamilton'S I'M
prisonment.
Board Explains It's Action.
The board of pardons in making its
decision known, makes it clear that the
only ground for its action is cons1d-
Grafton. for Hamilton'S health. Inc
formal announcement is made through
Chief Justice Start, Of the supreme
court, whose language is:
''Clemency for the petitioner is urged
on several grounds. Only one of them,
however, appeals to the board.
'"The board is satisfied that petition
er's trial was fair and the verdict and
sentence just, but it is also satisfied
from the official reports of the warden
and the prison physician and other evil
dence that he has been afflicted in the
past with tuberculosis, and unless his
term is shortened, SO that he may be
paroled and thereby avoid confinement
within the prison during the coming
winter, his health will be permanently
impaired by a recurrence of tubercu-
losis. -
"Solely for this reason the board
deems it humane and wise to commute
his sentence so that the board of con-
troll may parole him at once, If it deems
it proper SO to do, instead Of waiting
until July next, when one-half of his
term will have expired.
- Therefore it is ordered that petit
toners sentence be commuted to
term Of five years, from Feb. 20, 1901"
From the beginning it has been APP
parent that the members of the par
don board, who are Chief Justice Start,
Gov. Van SAINT and Attorney General
Douglas, were interested only in the
question of Hamilton's physical condi-
ton, and as testimony on that point
was conflicting, they were much per-
picked. 1t was generally accepted as
fact that Hamilton had some time prior
to his Imprisonment suffered from
tuberculosis. Several physicians who
had examined into his condition within
the past few months, among whom was
DR.. B. ]. Merrill, medical examiner at
the prison, testified that he was in
critical condition and would, If kept in
confinement, develop recurrent condi-
lions which would be incurable. Other
medical men, acting in the interest of
Mrs. Day, testified before the. board
that the prisoner was in no danger. 1t
was shown by records of the prison
that Hamilton had fallen off in weight
from 1S0, to about 1870 pounds in the
term of his incarceration, and that he
had regular periods of unnaturally high
temperature every day. This testi-
mony, perhaps more than any of the
expert medical opinions, challenged the
attention of the board, and measures
were taken to have a close record kept
of the, young mans physical condition
from time to time. This has caused
the delay in the boards action.
Story of the Tragedy.
q nf
siderable Wealth. and prominence in
certain circles i'm Minneapolis, was
killed in the billiard room of the West
hotel at 2 o'clock in the morning of
Nov. rs, 1900, by-being stabbed with a
knife, which was afterWard found lying
on the floor hear his body. In the
billiard room at the time were twelve
or fifteen young hen, among whom was
Frank Hamilton, who was then en-
ployed as a reporter on Minneapolis
newspaper. Some of the young men
were friends 'iofs Hamilton and some
companions of Day. Preceding the
killing of Day there had been a dis
turbance among the young men, which
originated in quarrel between Day
and Hamilton, but in which a number
of the others were involved. Before
medical assistance could reach him,
Day died on the billiard room floor.
Hamilton was at once placed under
arrest, and his trial on the charge that
he had murdered Day extended through
January and February of 1901. He was
convicted, and on Feb. was sentenced
by Judge Brooks to term of seven
years in the penitentiary. ave
When informed yesterday afternoon
of the action Of the pardon board,
Hamilton said:
words. cannot express my apprecia-
ton of the boards action. and all I can
say is that I feel deeply grateful to
everybody who interceded in my be-
half. / will prove to them by my ac-
lions that their work was not in vain"
Hamilton looks thin. but says he will
feel better as soon as he Is released.
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