The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-01-27
PRESIDENTS ACTION ON
PETITIONS FOR PARDON
VIII Not Interfere With Sin
CIair's Death Sentence.
HORSE THIEVES GIVEN LIFE
Death Penalty COMMITTED to Imprison-
ment-No Clemency for
Homer Bird.

President Rooseve1t's official action in
five capital punishment cases. submitted
to him Tor final consideration by the De
partment Of Justice. was made known
yesterday afternoon.
In the cases Of John Sinclair. coIored
Of this city. and Homer Bird. Of Alaska.
communication CT sentence was refused.
In each of these cases the President al
hered to the recommendations Of the At
toruey General The latter. in reportiuC
the Sinclair case to the President. said.
This petitioner is under sentence Of
death for a brutal murder committed in
the District Of Columbia I have care
fully examined the testimony and other
papers in the case. and can find no mifi-
eating circumstances. do not think
The sentence of the court should be dis
turbed and I advise that the application
be denied.
VIII Not Interfere.
The Presidents Endorsement was IS
follows:
application denied. There viii be nc
interference in the carrying out Of the
sentence
The Homer Bird case. in which com
mutation Of sentence was also refused.
is q noted ease in the criminal records
cf Alaska Bird was convicted in that
territory of several murders committee
in September. 1898. His case has dragged
along for nearly five years. through TWO
trials and two appeals TO the Supreme
Court Of the United States He is now
under sentence 10 be hanged March s.
Bird was the organizer Of a gold-seek-
ing party which went TO the Alaskan
fields in the summer Of 1898. There
were three other men and one woman
in the party. a dispute arose concern
ing their plans. and it was finally de-
cided that they should divide the pro
visions and separate. Bird became en-
ragged, and while the three men were
seated at breakfast he shot them from
behind. instantly killing Hurlin and
fatally wounding R. /. Patterson. He
spared Charles Shelter, the youngest
member Of the party.
After many months he was appre-
hended and taken to St Michaels he
escaped from jail there by cutting. with
a case knife. q hole through a double
floor four inches thick. He was recap
tured. tried. and convicted in 1900, but
the United States Supreme Court re
versed the case He was again tried,
and the Supreme Court, on November
II. 1902, affirmed the judgment OF the
lower court.
Attorney Generals Recommendation.
The Attorney General. in reporting
upon this application to the President.
said.
! This petitioner has been twice con
victed OF murder End sentenced to be
hanged I have examined the testi-
mony and all the papers with great care
/ and can find no justification for eXecu-
/ tive interference. 1 therefore advise
that the application be denied"
/ The Presidents Endorsement was as
follows:
application refused. The sentence
viii be carried out unchanged
( The President commuted to imprison-
ment Tor life the death sentences OF
I George Barclay AID James Brummett
/ TWO prisoners convicted in Oklahoma OF
murder and sentenced to be hanged or
/ February T. These prisoners were horse
thieves and were held up with pistols
and rifles by a number of men who were
/ pursuing them. A fight ensued. in which
/ Barclay shot and killed one Poole, &
member Of the pursuing party