Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-23
GRANTING OFCLEMENCY
THE PRESIDENT ACTS MERCIFUL-
Lynn NINE CASES.
Serious Doubt Entertained Of the Guilt
of a Convicted Murderer, Who
Will Soon Be Released.


plications for executive clemency. He ,as
denied five applications and has acted IA
vorably on nine. as follows:
He has committed to term of imprison-
ment. to expire July /. 1903. the sentence
of Willie Johnson. alias Willie Oyerton.
who was convicted in the western distric:
Of Arkansas of murder committed In the
Indian territory. and on May 4. 1894, SEN
fenced to be hanged. The sentence was
subsequently commuted by President Cleve-
land to imprisonment for life on account OF
grave doubt of the prisoners guilt of muir
der in the first degree. Recently the for
mer United States attorney who prosecutcd
the case reported to the department that
the testimony at the trial justified the YER
dict of murder but that subsequently he
had reason to believe that the government
witnesses had committed perjury, and that
after a thorough investigation of the case
in the community where the killing occur
red he had been firmly convinced that the
petitioner was absolutely innocent of any
completely in the killing and should be
pardoned. The Attorney General, after in
vestigating the case and examining the
testimony in connection with the affidavfts
and other papers submitted by the former
district attorney in connection with his re-
port. has reached the conclusion that there
Is very serious doubt of the prisoners
guilt. and a probabi that he is entirely
innocent and has recommended a com
mutation of the sentence to release him
within few days.
Charles J. Foust was sentenced on jan
uary IS, 1890. to imprisonment for ten
years in the Ohio pententiary tor burglary
1t appears from the reports that he was
mere boy at the time of his offenSe, ana
that the articles which he stole were OF
very trifiing value. The petition was pre-
scented by the prosecuting witness, whose
store was entered. The district attorney
and his assistant have both recommended
communication, which recommendations
were concurred in by the Attorney General
U. NJ Henderson pleaded guilty In Col
orado to embezzlement OF funds or a ma
tional bank, and was sentenced to lmprlson.
ment for five years, of which he has served
one-half. The reports of the district at
torney and judge show that although tech
nically guilty of embezzlement, the pet1.
toner used some funds of the bank and
Immediately replaced them. The judge and
district attorney both earnestly recommends
Communication. because in their opinion
the minimum sentence OF hve years 1or tne
offense is greatly excessive in this case
The Attorney General concurred In this
view of the matter.
Thirty Years Reduced to Ten.
Thurman Balding pleaded guilty in the
western district of Arkansas to indict-
ments charging him with robbery and lar
ceny, and on November 80. 1894, received
three sentences of ten years each. amount
ing to thirty years imprisonment. Subse-
quently. the judge stated that he intended
to recommend executive clemency later,
but imposed the sentences in order to deter
others. The trial judge is now dead. but
the district attorney recommends COM
mutation to ten years. believing this to bt
ample punishment. The Attorney Genera,
concurred in this view of the case and
recommended communication to ten years,
which the President has granted.
Frank Ford was sentenced to five years
Imprisonment for larceny in the Indian ter
ritory. He was in jail for some time await
ing sentence on account of smallpox, and
in order to give him credit for this time the
Attorney General recommended commute
ton of sentence to expire September l,
1903, which the President granted.
W. A. Langley pleaded guilty In the In
dian territory to larceny of a pistol, and
was sentenced to eighteen months in the
reform school at Boonville, Mo. The charge
was grand larceny, but IL subsequently APP
peared that the value Of the pistol was very
trifing and the charge should have been
petit larceny. The district attorney and
ton of sentence to expire Immediately The
Attorney General recommended cOmmuta-
ton to expire July /. 1903, upon which date
the prisoner will have served about seven
months in Jail and the reform school.
John Tally. young Cherokee Indian boy.
was sentenced in the northern district OF
the Indian territory on September D. 1901.
to Imprisonment to five years for horse
Inert. On the recommendation VI Tic utS-
trict attorney, Judge and Attorney General
the President has committed his sentence
to imprisonment for two years.
A District Case
Louis Bertole pleaded guilty in the Dis
trict of Columbia to two counts of an in
dictment charging him with larceny, and
was sentenced to imprisonment for three
years under each count total imprison-
ment OF six years. The district attorney
and judge have recommended that sem
tence be committed to one term of impris-
onment Of three years. The Attorney Gen.
eral concurred in this recommendation, and
the President has committed the sentence
as recommended.
The President has also committed the for
fixture of recognizance in the case of the
United States VS.. Susan Brown, Charles II.
Coleman being surety. The forfeiture was
taken in 1877.
He has also formally revoked a condition
al pardon granted to William Paschen on
January g. 1903. Paschen was enlisted In
the navy, and in August, 1902. was SEN
fenced to Imprisonment for one year for
desertion. On the recommendation Of the
Secretary Of the Navy the President grant
ed a pardon upon the condition that he
faithfully serve out the remaining portion
of his term of enlistment. He was there
upon restored to duty, and subsequently
again deserted. was convicted and sem
tentenced to Imprisonment for eighteen