The Wichita daily eagle., 1903-09-30
BAILEY AND PARD0NS
Kansas Governor Will Issue
Few More Pardons.
TELLS THE REASON WHY
Board viii Use the Illinois
Plan After This.

| parole business entirely over to the war
| en- and board of directors Of the peniten-
tiary under the provisions Of the indeter-
inmate sentence law.
II will not say that l viii issue no
more paroles at all" said the governor
TO Journal man, because some extreme
case may come to me for immediate ac-
ton, but l will issue none except In ex-
/ treme cases.
i am thorough believer in this parole
business continued the governor. 1t
works all right. l believe every man
ought to. be freed year or two at least
before the expiration of his term-that
is, unless he is bad criminal beyond
reforming. The great majority OF men
who go to the penitentiary. however, are
not criminals at heart. but they got into
bad company or something of the sort,
which landed them in the panitentiary.
If a prisoner is paroled, say. two years
| before the expiration of his minimum
sentence. the restraining influence of the
penitentiary is over him during those two
years. He knows that if he gets drunk
or gets into row, or breaks any of the
conditions of the parole, he will be taken
back to the penitentiary again. It has
good influence over him. and it builds
| up his will power and determination to
become a good citizen He gets estab-
llshed in business or in some employment
so that by the time he is his own master
it is probable that he will not be tempt
ed TO return to his old ways, whereas Ii
he were thrown from the prison right on
to his own resources, without the re-
straining influence of the prison about
him, he would perhaps get into bad COM
pany and fall again.
THE plan which will be adopted by the
penitentiary board In granting paroles
will be the same as that In use in Illinois
For instance, when the district court SEN
tences man to the penitentiary it will
not fix and definite sentences under the
new law. but will determine the degree
of the crime for which he Is sent The
law prescribes minimum and maximum
sentence for that crime. That man cam
not be paroled until he has served the
minipsum sentence After that he may be
paroled, but if he breaks the conditions
Of the parole he may be brought back TO
the prison at any time within the maxi
mum sentence.
For instance, If a man is sentenced
for crime the minimum sentence for
which is five years, and the maximum
sentence is twenty-one years, he can be
paroled at the end of five years, if his
conduct while in the penitentiary is up
to the standard required by the rules,
but after he is paroled he will be amen
able to the rules of his parole for sixteen
years longer or until the expiration Of
the maximum sentence.
About the first of next month j am
going to put in a day. either here or
at the penitentiary. in going over with
the board of applications for paroles
which are now before me. and there are
a considerable number of them. and then
/ will turn them over to the board for
action
The board will have no control over
the hang prisoners, those who have
been convicted OF murder in the first de-
gree and who are really in the penitentiary
fog life. There Is no minimum sentences
in their case, as the law prescribes that
they shall be hanged. The governor will
still have 10 pass on applications for this
class of convicts, and they have been the
most troublesome class.
Governor Bailey received today letter
from Marion asbell, the alleged wife
murderer. whose application for pardon
he turned town Friday. Asbell evidently
had not heard of the governors action at
the time he wrote the letter. Accom-
panying it he sent number OF newspaper
clippings telling instances of where men
had been wrongly punished for years.
and he wished to impress the governor
that his case Is parallel He says In
part:
Dear Sir-Inasmuch as Won have my
case under advsement. desire TO write
you with no other intent than to express
to you the truth pure and simple AS /
sit here looking out through three sets
OF iron grating into the pure free air.
/ then Gender if the governor win grasp
the facts in my case as they really exist
Then my heart drops into despair with the
thought. 1 fear not BE that as IL may.
my prayers are that God will be with you
in coming 20 a definite conclusion
Governor Bailey. the facts in my case
are these: 1 am an innocent man here
in prison paying the penalty with my
precious life for a crime which / never
committed II IS impossible for the grave
TO open and the body come forth and
declare, neither Is this day OF miracles
when the angels descend upon the Just
II il was you would have been visited
long ago and I would b. in the arms of
nv friends IN the land Of the free today.
instead Of occupying a Villain cell with
broken heart and q shattered const!tu-
ton. Two years ago / weighed 2is, now
Isa Ny health Is failing me very fast.
and the fact that I am this side of the
mAdhouse IS more than ! can understand
under the circumstances. / have some
close. clean. conscientious friends, such
as c. VI Condon. J. X. Marley. Judge
Webb Judge Hendricks. Judge Gaze.
Judge Glass. Judge McCue and many
others. ! have an old father that is a
dear to ne as life. who has used every
honorable means known 20 the law IN ny
behalf. and yet his efforts are not re-
warded
The prosecution n my c.se 80, up she
theory that the shot vksch killed M
wife care from distance AID feft no
powder marks. To prove that theo-y.
one month after buried my wife three
doctors descended from Parsons. Kan.
posed "a experts. dug Up the hody. !ir-st
it from eca;i1g eotin 90 water 20 ieos
fo- poxdsr marks Two Of them ss9
r. their Judgment there were 10 pcwis-
MARKS The third said be could Tot seii.
ard 6sd rot believe s5yore >lse carI1
under the clrcunstauces bat upon shor-
ougf examination the hrair matter vas