The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-01-17
DUKES CASE is
AGAIN CONTINUED
PardOning Board Releases Five
Prisoners From Pen.
WOMEN HELP TWO MEN OUT
MAXWELL PETITION RAISES A
FINE POINT OF Law.

es- ~-A-SE ECtttApf+H lDE tAcCuNft z
clemeney were denied and FIVE were
continued for month. Among the lat
ter were the cases. of Harry T. Duke
and James Otis Bliss. alias C. L. Max
Wen.
The application of Duke for a parole
was not acted upon owing to the abb
senee Of Governor H. NJ. Wells. who is
in attendance upon the Stock Grow
+ ers' convention in Portland, his place
being taken by Secretary Of state
James 7. Hammond, and Associate
Justice Bartch Of the state supreme
court, who is in California. The case
viii be considered al the next meeting
OF the board. 1t was stated yesterday
that if Duke IS given his liberty Sen
ator A. B. Lewis VIII give him a posi-
ton as bookkeeper at Frisco. Beaver
county, and that his wife viii go with
him. The impaired condition of her
health was another reason advanced by
Dukes attorneys for his parole
Legal Phase of Maxwell's Case.
Tie Maxwell case presents a legal
question which has never before been
brought TO the attention of the board.
He was sent up for eighteen years for
safe blowing. At the last session of
the board his sentence YVES commuted
10 one day, and he was released. Max
wen now aGks for a pardan. The mem
bers of the board are of the opinion
that they have no Jurisdiction in the
premises, as he is a free man. Judge
G. f. LOOfbOurow takes an opposite
view Of the case, and was given permits
sion 10 file a brief on the question.
which viii be considered at the next
session Of the board
Maxwell takes the position also, so il
Is stated. that the Communication Of SEN
tence does not restore him to citizen.
ship In commonwealth which may
have different law from Utah Attor-
ney General II. A. Breeder stated yes
terday afternoon that Maxwell is a
citizen IN the eyes Of the, Utah law, and
that his rights in that direction will be
recognized by other states under the
constitution. He said that as ne re-
members. it IS only where conviction is
secured in the federal courts that a
man loses his citizenship, which is re-
stored only by a pardon. and not By
parole or communication of sentence.
How Cases Were Disposed OF.
The cases disposed OF by the board
yesterday are as follows: Pardons:
Elona A Hanson, sent up from Manti
Tor one year, Sept % 1903 for a feio-
ny; Joseph Hill. same crime, Sanpete
county, March II. 1903. for two years:
William II. Hallum. alias William KEEL
ley, perjury. Price, Oct %. 1901, for one
year Peter P. Mickle and Joseph Swa-
seys grand larceny, Seventh judicial
district. Feb. q. 1901. three years each.
Denied-Joseph ]. Wimbish, forgery
No roll.
pardon; Frederick Won Falkenstein.
forgery, pardon
Gontinued-Harry T. Duke, embezzIe-
ment, parole; c. L. Maxwell, out on pa
role, wants pardon; Charles 4. Larson,
felony, pardon: Fred George, out on
parole, wants pardon; Harry Pool. alias
Harry Stackpool, pardon.
HaliuTn. who is only IL years Of age.
IS native Of Arkansas. He was ar
rested al Price for stealing a pair OF
shoes There was no evidence against
him, and he was discharged While in
Jail two men were arrested for high
way robbery, holding-up and beating
an old man and taking his money. Hal
lum heard the men talking of their
crime, and when they were tried-thefr
trial coming up before his did-he swore
70 what he heard them say.
Hallum Was Illuminated.
That night after HaHum had been re-
turned TO jail. the two men told him
that If he did not go back into court
the next morning and admit that h,s
led, they would hunt him down after
they were released and kill him. That
threat caused Hallum, he claim to
swear the next day when he was put
on the stand, that what he had told the
day before was a lie. One OF the two
men who committed the hOld-up is now
IN the penitentiary.
Justice Of the Peace Willard Of Price
paid his own expenses 10 come to Salt
Lake City yesterday to tell that story
TO the state board Of pardons. He said
that Judge Johnson, when he sentenced
Hailum to the penitentiary, said he
must be made AT. example Of
4 don't mind examples being made,
said the justice to the board. but I
don't see why Judge johnson should
pick out young fellow from out Of the
state. Wry don't he start with some
Of the young men who live in Utah?"
The petition for a pardon was signed
BY Governor Jefferson Davis of Arkan-
sas and & large number OF merchants
and influential citizens OF Little Rock.
who said Hallum comes Of a respectable
family.
Louis Henson appeared in behalf Of
his son. he told 4 romantic story. he
said the girl in the case is Miss Matte
Quinn. who lives at Manti She and
his son went together for several years /
Finally he grew cold il his attentions
and began going with another girl. /
That aroused the Jealousy of Miss
Quinn, he said, and she theatened ven
geance. Finally Hanson was arrested !
for q crime which the girl said had been
committed about two years before |
when she was under age. At the time
Of the trial she was of age. After the /
sentence Of Hanson she became en-
gagged TO another young man and. ac-
sording TO Hanson's father and brother I
Is soon TO marry him.
The father also told the board that /
he girl is nov sorry she sent the young |
nan 20 the penitentiary, and expressed !
The wish that he be released When
told that his son had been pardoned. |
tears came to the eyes of the father !
and his son and three other friends Of 1
he prisoner who came up from Manti /
to do what they could FOR Hanson, |
threw their hats in the air for joy.
A reconciliation between Joseph Hin. /
who resided at Castle Gate, and Miss /
Larson, secured his pardon. They viii /
be married as soon as he returns home. |
According TO the statements made at
he board meeting. both the young man /
md woman were under age when the ]
'rinae was committed. They wanted to /
set married at the time. but the parents /
objected. Now the young woman is OF /
e and is willing to marry Hill The /
loard granted him pardon which /
Hiss Larson favored. that the marriage /
ceremony may take place.
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