The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-05-29
Gov. HOch Had Embarrassing
Time With Sell Pardon.
Had Given People to Under
stand He Would Act Favorably.
GOT MANY LETTERS.
Some of These Commend Him
for His Stand.
His Position COntrasted With
That of Leedy.
GOT MANY LETTERS.

Governor E W. Hoch is not a poker
player, but he called some very vigor-
Gus bluffs when he refused to issue a
pardon to Willie Sell. especially after
he had given the people reason to be-
lieve he would order the young man re-
leased.
One of the most strenuous of these
was made by a woman; Mrs. Sophie
Mason Boyce, Kansas City woman
who has taken up the Sell crusade. Mrs
Boyce wrote a letter to Governor Hoch
when she thought things were coming
her way, and aimed to put a clincher on
the deal by telling Hoch what would
happen to him if he didn't grant the
pardon. This is what Mrs. Boyce said:
Governor Leedy listened to these
very same reasons why Sell should be
pardoned but he must have been under
influence evidently of political forces
which menaced him with defeat for
second term if he listened to those rea-
sons He had not the character or cour-
age of his convictions to stand up in
the giant strength of his manhood and
refuse to listen or truckle to the Popa-
lIstie politician who opposed the friends
OF SELL otherwise he would have par
doned the boy. Mere tekel uparsin.' He
was weighed and found wanting. He
was lost and went down because thou
sands Of people in the state felt con-
tempt for such Wea kness. Governor
Leedy did not dare to do right. There
is no room in Kansas for a coward gov
ernor.'
Not only did the governor refuse to
back down before the bluff of Mrs.
Boyce, but he also took direct issue
with Judge James Humphrey and
Judge A. W. Benson on the nature of
his authority in issuing pardons.
Judge Humphrey wrote a letter to
Governor Hoch only a day or two be-
fore the pardon was refused. It was af-
ter Governor HOch had stated that he
was not convinced of Willie Sells in
noeence, and therefore found it difficult
to believe that pardon should be
granted.
Judge Humphrey took issue with the
governors position, and wrote him as
followss
Il was very much disturbed by read.
ing what purported to be an interview
with you in which you were represented
to have intimated that although you
would not have convicted Willie Sell
had you been a juryman trying him,
yet, having been convicted you must
have evidence absolute of his innocence.
In the opinion that it is necessary
that you should have assurance of the
convicts absolute innocence as a war
rant or justification for his pardon, you
have taken too narrow a view of the
functions and usefulness of the par
doning power as a corrective of the ers
rors and inequalities which are insep-
arabic from the human administration
of justice.
"As a matter of fact you possess the
absolute power of pardon with or with
out reason. This large power has been
cOnfded in the chief executive in the
full confidence that it will be exercised
to correct any injustice that appears
to have been done in moments of pre-
JUDGE or passion
Judge Humphrey then asserts that he
has put more time on the Sell case than
on any other case in his ~ years ex-
perfence and has concluded that Sell is
innocent But" he continues, suppose
you do not agree with me fully in this
conclusion. yet there are other very
grave considerations which you have
already taken cognizance of, viz; that
a. 16-year-oId Kansas lad was deprived
in a Kansas court of justice, of the full
and adequate protection of the laws"
Judge Humphrey then recites the diff
fculties in the way Of a fair trial; the
scramble for the property among the
lawyers; the refusal of a change of
venue; the inability to appeal to the su-
prelne court
TT is to correct just such evils and
! injustices as this that the pardoning
power has been lodged by the people in
/ the hands of discreet and humane gov
1 ernors,' concludes Judge Humphrey
Judge Humphrey was not alone in
/ the contention that the governor was
/ getting off on the wrong track when
! he assumed that he must be convinced
/ of Sells innocence before he could is
sue a pardon. Judge A. w. Benson
also wrote to the governor about the
same point. He said:
| individuals having the purest mo-
| tives are often mistaken and so are
communities. This is one reason why