Omaha daily bee., 1903-05-12
TEST THE IOWA PAROLE LAW
Prisoner Alleges His Time is Up, but thu
Authorities Say Not
TWO ARE FREED FROM MURDER CHARGE
Des MOines Ministers Advocate Re-
striction of Marriages and a COM
mission to Examine ApPli-
canta for License.
tFrom a stan correspondent

hGAOhA = oA1L
DIES MUINEs, May uL-tspecialJ-Gov-
ernor Cummins today received word from
Warden Hunter OF the Anamosa peniten-
tiary that suit had been commenced in
Jones county to secure the release on
habeas corpus OF Frank Davis, a convict
serving time there. Davis had been sent
up from Clinton county in 1891 for seven
teen years for murder in the second de-
gree. About two months before he would
nave been released, counting his good
he was paroled by Governor Shaw. This
was in August, 1900, but Davis became a
bad man again and was found living with
a woman to whom he was not married. in
Norwich, Conn. He was sent for and
placed in the penitentiary again last Febru-
airy for having violated his parole. As a
part Of the revocation of the parole he was
made to lose his good time. amounting to
over seven years. He now contends that
this was Illegal and that he Is entitled to
release, as he has lived out the full time.
counting the good time. The attorney gem
eral prepared papers for a defense and
sent them to Senator Ellison at Anamosa
to ppear and defend the case. The matter
has been brought to the attention OF gov
errors before, but no convict has ever
sought to make a test of 1t in the courts.
Ap eSNNA az alAu III AdO ~ ohNAC1
to have the matter tested n find out
what are the rights Of the governors in
such cases. Iowa has no parole law proper,
but the parole regulations are whatever
the governors may see At to adopt.
Two Indicted ones Released.
In the district court today on motion OF
the county attorney. the indictments
against George Beverage and Jack and
a-g UrAA.r -
indicted with James Burns for the murder
Of Jerry Corcoran by administering NOR
phine for purposes Of robbery. Burns was
sent up for life. The county attorney an
nounced that he had no case against the
others. They had turned states evidence
against Burns and the latter's attorney
made some resistance on the ground that
1t was a deal to make a s~capegoat out of
his client while the others, who were
equally guilty, would be allowed to go
free. The Aarons were living here under
the name of Batiesa, and were we'll known
in northwest Iowa and northern Nebraska
as hard characters.
Restriction of Marriages.
Before the City Ministerial association
today Rev. B. F. Avery advocated a COM
mission to regulate marriages, or a COM
mission in each county for the regulation
of licenses. He would Rave a commission
consisting of three men and three women,
including some physicians, and have all APP
plicants for marriage licenses appear be-
fore this commission before they could be
allowed to procure licenses. The associa-
ton refused to take action formally ap-
proving the plan, but 1T was freely dis
cussed. The fact was further brought out
that where Justices OF the peace perform
the marriages divorces are much moro
common than where they are performed
by ministers of the gospel.
Fairfield was terrorized last night. when
a burglar with a taliow candle and a pistol
went about town robbing the houses. A
the McCresney home as the man went over
the back fence the sheriff came I'm the
front door, The burglar is still at large.
Little booty seems to have been secured,
but half a dozen or more houses were en-
tered.
Prominent Man Insane.
The case of James Duffus, a member OF
the Soldiers Home at Marshalltown, who
has been adjudged insane and taken to
the asylum at Clarinda. is of considerable
interest all over the state, as he was at one
time a prominent politician and very
wealthy. He was editor Of the Fort MadI.
son Plaindealer for a number Of years and
was postmaster at that place during the
Harrison administration Later he con-
Quoted the Florence hotel there and at one
time was worth 10000. He was a prominent
Mason. He served in the civil war about
one year in Company B., Forty-ninth lowe
infantry. He came to tho home in 1891.
For some time Duffus' mind has been fail.
ing. He recently became imbued with the
belief that some one wanted to kill him and
lived in constant dread of his enemy. HI
not only feared for himself, but thought
the same party was seeking the life oil
C-ommandant Horton. Because OF his past
brilliant record the authorities were anxious
to have him cared for at the home as Ions
as he should live, but his condition became
such that It was absolutely necessary &c