The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-08-13
PLEA FOR A PARDON.
Governor Bailey Asked to Parole
GoOdIand's Former Marshal.

A good looking yekpg woman carry
ing little child in her arms was one
of Governor Bailey's callers late We'd
nesday afternoon Accompanying her
was Captain ]. G. Waters. She carried
long petition signed by a large num-
Der of Sherman county people and
bundle of letters. Her name is Miss Eva
Schell, the little child is her step-sister
left in her care by the death of her step
mother, and Captain Waters says she is
little less than a heroine
Miss Schell is the daughter of Henry
N. Schell, who is serving term of two
years in the penitentiary for manslaugh-
ter in the fourth degree She is the eld-
est at home of eight children and since
her fathers Imprisonment she has been
trying to support the family by carry
ing the United States mails from Good
land, y miles over the prairies to Ne
vile, for which the government pays
her 1922 a year.
Henry n. Schell was city marshal of
Goodland year ago last spring. On the
evening of March is, of last year. he
shot and killed William Frraziera Good
land railroad man. The other railroad
were greatly incensed and the marshal
narrowly escaped lynching They raised
a purse to prosecute him and he was
convicted of manslaughter in the fourth
degree and sent to the penitentiary He
now has served all but about ten months
of his term and his daughter is asking
Governor Bailey to parole him. A few
months ago the girls step-mother died
of cancer, leaving Is months old baby
in her charge.
There are some peculiar features
about the Schen case. The
strongest letters asking his release are
from E. F. Murphy, county attorney of
Sherman county, and from one of the
jurors who sat in the case. Murphy also
guarantees to find employment for
Schell if he is released.
On the evening that Fra zier was shot
he had been drinking, according to the
stories told in the letters sent to Gov
ernor Bailey. He had raised a disturb
ance with another railroad man, con-
ductor. because the conductor had not
offered him cigar. County Attorney
Murphy says he was around looking for
trouble, and at length the marshal was
sent for to keep him quiet. Two of
F'razier's friends promised to take him
home, to which the marshal consented,
but Frazier, who was big man. broke
away from them and suddenly assaulted
the officer. The latter retreated. trying
to keep him, Frazier, off, but without eff
feet, and finally pulled his revolver and
fired.
1t is alleged that the railroad men in
Goodland, who sympathized with Fra
zier and were greatly wrought up over
his killing, inundated witnesses and
others al the time of the trial. and that
this was largely responsible for the con-
viction of Schell. Regarding the jury,
r. E Hall. one of the Jurymen. writes
Governor Bailey a long letter in which
he says in part:
THE jury was composed largely of
whisky men, who were also friends to
the railroad element. and drank and
smoked with, generally at the rail-
readers expense. At first there were
ten for guilty and two for acquittal.
The two for acCuittal were Mr.. An
drews, who is strict prohibitionist,
and myself. Neither of US are in har-
mony with whisky and we believe in
law. and resCect for the law and its
officers. The ma fority wotffd not con-
slider Mr.. Schell as an officer
MANY violent expressions were used
by the jurymeE who were Frazier s
friends. such as, I would hate to be the
man who would hang this jury in this
case, for fear the people of this town
would hang me-: and also If this jury
turns Schell loose the people of this
town would har- him before morning
Your honor 1 was a stranger in this
place and did not know what kind of
people they had here. / had only been
here thirty days, and doubted whether
had q right to sit on a jury on ac-
count Of my brief residence but I was
sub9oenaed and forced to serve on the
case my first experience on jury, and
a prospect of being hung by the peo-
pie of the town. the railroad people,
the whisky people, I could scarcely re-
aliZe what kind of a predicament I was
getting into, if 1 only held out for ac-
quittal of 2 man. an officer. who hap
pened to kill a diSorderly assaulting
individual while he was performing his
duty as an officer"
Governor Bailey has taken the case
under Amusement.
Charters Granted.