The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-05-13

Inc governor VIII pEODaDly announce
his decision tomorrow, and in view of
the stand he has taken in regard to
pardon cases. he will probably turn the
application down. He asserts that ne
win not go behind the decision of the
courts in criminal trials. but will only
grant pardons where newly discovered
evidence shows that the accused are
innocent of the charge against them.
And in considering this new evidence
he will give weight to the opinions of
the jury and the judge and county at
torney who tried the case. He believes
that these are the persons who thor
oughly understand the case, and that If
the newly discovered evidence in the
matter is conclusive. that 1t viii con-
vince at least part of the jury.
The jury which tried Dobbs and Mrs.
New is still positive. Notwithstanding a
confession made by a horse thief now
in the penitentiary, in which ne as
serts that New was killed by pal OF
his for his money, and that he and an
other man saw the crime committed.
In view of the position of the Jurymen
Governor Bailey will probably turn the
application down, although he may not
do So He viii first confer with j. ,
West, who has charge of the pardon
/ business in the executive depar lInehe-
The story Of the Doops-NeM case
reads like a romance. It is a story OF
lconsDiracy and cOunter-conSplracy OF
confession and retraction, until the
average person does not KNOW What 70
/ believe about 1t. Many peopie ~
6rno1v convinced that the pair are
Guilty of the murder while others VINO
1 have made a study of the case are just
/ as nositive that they are. innocent. ana
THAT the real murderers nave heNsl
T been tried.
al attorney for Dobbs and Mrs. New IN
applving for pardon. He was relnloES7
/ ed by Rev H e. Ballou. who was CHAP
! lain of the penitentlary Wftie nary
/ 7 ar5is was warden and Mrs. Lucy
Wilhoit of Wichita, state SuDerlntehn~
ent of prison work Both OF these AZ
convinced of the innocence OF L1opDs
and Mrs New because Of the confession
made bv Alvin Ballard, horse thlcf
who was sent to the penitentiary some
time after Mrs. New and Dobhs. " ME
Ballard was il the wichita 1ah DeloI
his trial for horse stealing he mace a
secret confession to Mrs. Without, but II
was a year later that he confessed to
Chaplain Ballou and it was made pub.
Stowell presented. the petition signed
nv 473 residents of Greenwood county,
asking for the pardon or parole OF
Dobbs and Mrs. New if a new trial could
not be secured fer them. A. prote ss
against the pardon signed by 232 Green
wood county people was presented by
County Attorney Turner Of Greenwood
county. The first petition was clrculat-
ed by a sister of Mrs. New. The protest
was drawn up by the county attorney
/ and circulated by the father of joseph
New. the murdered man, but Mr. Tur-
/ ner admitted that there had been en-
nifty between the elder New and his
daughter-in-laW who was accused OF
/ the murder. before the killing occurred
DObbs was a WidOWer with two child
rem who lived about two and a half
miles from the place He was frequent
/ " employed by Mr.. New and at the
time of the murder was helping him
build a corn crib. and he went ahead
with the work and helped Mrs. New
with the farm work after her husband
was killed. This formed the ground
work on which the state built up lis
infatuated with one another and thai
they consDired to kill Mr.. New. al
though Mr.. Turner says there is TO sus-
oiciOn Of criminal intimacy between
them at any time.
There was a disturbance among the
/ chickens on the New farm late one
night and Mrs. New asked her husband
to go out and see what the trouble
was. AS he was returning to the house
he was shot by some one in the dark
ness. The state contends that Dob5s
did the shooting and that Mrs. New
sending her husband out was part Of
the conspiracy.
After the shooting Mrs. New hurried
across the fields bare-footed and in her
night clothes to alarm the neighbors.
Her footprints were found several days
afterwards They followed along be-
ween corn rows where the corn had
been cut, and between the next rows
were found a mans footprints, which
the state alleges were Dobbs', although
the farm had been tramDed over by
men for several DAYS in search Of clues
before the footprints were discovered.
The state contended that Dobbs accom-