The Topeka state journal., 1903-05-19
Most Difficult Proposition lie
Has to Deal With.
TOO TENDER HEARTED.
Finds 1t Hard to Withstand Ap-
peal Of Mothers.
Makes Rules With Reference to
PardOns.

The worst thing about the governors
office. according to Governor Bailey.
IS the pardon business. The governor
can set along very smoothly with the
office seekers and the politicians who
want jobs but he has hard time with
the applicants for pardons.
II wish I had nothing to do with the
pardoning power. 1t is the most diff
cult proposition / have to deal with,
said the governor today.
The trouble with Governor Bailey is
that he is extremely tender hearted
This is great virtue in itself, but it
makes the governor trouble. A hard
luck story appeals to his sympathies.
1t is particularly nard for him when a
mother makes an appeal for her boy
Governor Bailey has laid down the
rule. however. that ne viii not go be-
hind the trial of the case and weigh
evidence which has gone to the jury.
III he grants "A pardon it must be be-
cause of new evidence which proves the
innocence of the convict. and it must
be strong enough to have sufficient
weight as general rule. to secure a
recommendation for the pardon from
the Judge and some of the jury which
sat i'm the case.
Some people urge that I ought TO
exercise the pardoning power in the
lignt of mercy and not Justice Cover
nor Bailey said as he was discussing
the proposition. "lf / should do that I
would have to retry every case in the
penitentiary and as a matter of mercy
I might release half the convicts in the
prison.
II believe the pardoning power is
vested i'm the governor as a matter of
justice and not mercy. 1t is given him
so that if new evidence is discovered
which proves that some one is wrongly
sent to prison or that mitigates his
crime to great extent. the governor
can release him. For this reason the
opinions of the judge and jury who
tried the case in question have great
weight with me I take it that they do
not want to punish anyone unjustly;
that they know all the facts in the case
and if events after the trial of the case
warrant the pardon of the convict or a
Communication of the sentence. they viii
be ready to sanction it if justice will
thereby be done"
Almost every day the governor has some
of these cases to contend with Last week
appeal for her boy who Is confined N the
Kansas penitentiary for bank robbing-
Her plea was a strong one. but the COVER
nor turned it down Monday Judge f. w
Sturgis sr was here from Concordia to
look up the prospect of pardon for A. w.
Patterson the defamting CLYDE city treas
urer Patterson is the man who used about
5000 which the city had collected as fines
from iointfsts and then refused to restore
it on the ground that it was blood money
and the city had no right to it, He was
tried for embezzlement. convicted and sem
fenced TO the penitentiary for two years.
He appealed to the supreme court and only
a few weeks ago the supreme court af-
frmed the Judgment of the lower court,
but Patterson has not vet gone to the
peuiteutiary Already there is move on
foot to get pardon for him. and Judge
Sturgis came to Topeka to ask Gov. Bailey
what was necessary. The governor told
his rules and Judge Sturgis made the usual
plea that pardon should be granted on
the ground of mercy. but tire governor re
fused to consider such proposition He
said there must be the recommendation of
the judge and some of the jury that the
ends of Justice would be served by a par
don but he would make no promises with
regard to Pattersons case. He said he
would give it due consideration when it
is presented to him. This was the only
consideration Judge Sturgis could get for
IL at preaenL.