The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-04-30
GOVERNOR CUTS KNOT;
ASYLUM FOR TERRELL
Convicted Murderer Will Be Taken
to Eastern Indiana Hospital
for Insane.
TO PRISON WHEN CURED
Disposition of Prisoner Consid-
cred Equivalent TO a Condi-
tional Parole.

John W. Terrell, of Button. under sem
tence to life Imprisonment for the murder
of his son-in-law Melvin Wolfe. will be
taken to the Eastern Indiana Hospital for
the Insane instead of to the State Prison
at Michigan City. This disposition will be
made of the prisoner at the direction of
Governor Durbin, who has granted Terrell
what is equivalent to conditional parole.
Governor Durbn decided yesterday that.
inasmuch az it was apparent that Terrell
is insane. he should not be taken to the
State Prison. Accordingly he wired Sheriff
James r. Johnston, of Wells county. to
hold Terrell in his custody until he received
further instructions from the Governors
office. Later in the day the Governor wrote
to Sheriff Johnston. instructing him to re-
move Terr~il TO the Richmond Hospital
In his ter to the sheriff the Governor
stated y Terrell should be confined in
the hos ,tal until cured, and when cured
should be taken to the State Prison, unless
otherwise ordered by the chief executive.
The Governor stated that after careful
consideration, and after consulting the at
torney general. he had decided to act in
this manner in Terrell's case, because he
thought it the more humane course to pur-
sue under the circumstances. He said that
Terrell had been convicted. of murder, and
after his conviction and before his sentence
it had been found that he was insane, he
had been sentenced by the court to the State
Prison for life. the court evidently taking
this action because the court believed that
it was the only course open.
CONDITIONAL PAROLE.
The Governor said that he did not believe
Terrell should be taken to the State Prison,
and confined therein at this time and that
he had. therefore. granted what in effect
amounted to a conditional parole.
The Governors letter did not reach Sher-
iff Johnston yesterday. dispatch to
the Journal last night from Bluffton indi-
Gated that the sheriff had had no instruc-
tions further than the telegram from the
Governor The dispatch said:
The fate of John w Terrell is still un-
hand in the disposal of the convicted insane
murderer. Sheriff Johnston had intended
TO tax ~errill to the prison next Wednes-
day untn he received a telegram from the
Governor to-day as follows:
Hold John w. Terrell in your custody
until you receive further word from this
office. which will be written you in a few
days
This action on the part of the Governor
is taken to indicate that he will investi-
gate Terrell cOnultlOn, ana tnat Otner dis
position will be made with him than send
ing him to the penitentiary.'
A question raised yesterday as to
whether the Governor had the authority
TO take such action in Terrells case, and
in an afternoon paper attorney was
quoted expressing the opinion that the
Governor had acted without authority.
When this matter was brought to the at
tention of George b. Lockwood. secretary
to the Governor. he said:
ANY one familiar with the State Consti-
tuition should know that the Governor of
the State can pardon. parole or commute
the sentence of any person convicted in the
courts of Indiana for any crime. If the
Governor wished to pardon Terrell he has
full authority to do so.
THE Governor took this action in Ter
rell's case because IL was very apparent
that something should be done and that the
man should be in an asylum instead of in
the state prison"