The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-05-11
DARK FOR SCI.
Indications Now are That He Won't
Be ParJIoned.

Governor Hoch stated thi snoring
that h. would not announce his deci-
sion today on the application Of Will
liam B. Sell for a pardon.
Certain things indicate very strong
" that the pardon viii be refused, in
spite Of what the governor has said
IN favor Of the application. The
friends of Willie Sell do not seem as
confident as they did some days ago
A few days ago several well known
citizens of that part of the state where
the murders were committed called
upon Governor Hoch and secured
from him a promise that he would
not grant Willie Sell a pardon without
first summoning Judge Sdllwell, the
man who sentenced Sell, and having a
i talk with him about the case.
In view of the fact that a decision
from the governor is expected within
very short time, and that Judge
StlllWen has not appeared on the
scene, it is believed by some of those
interested that the governor has made
up his mind to reject the application.
Those who are working for the par
don are urging upon the governor
/ that the alleged murderer be released
SO that he can be given another trial.
They say that Willie Sell was tried
only for the murder of his father;
that the county attorney Of NeOshO
county has full authority to rearrest
him as soon as he steps out Of prison
on the charge of numbering his moth
er, his brother or his sister.
I'VE do not make the slightest OBJ
lection to another trial for Willie
SeIl,'' said Fred Slater, one of this at
torneys today. 1.-THE only thing we
would object to is the idea Of having
the trial before Judge StillWell, who
tried the case before. 1t would be
possible to give the boy a. fair trial,
even at this late day, provided the
trial should be held in some other
county. Nearly all the witnesses are
til
were esta blished at the former trial
could again be established. It is folly
to claim that Willie Sell had fair
trial down there in Neosho county 20
years ago. His lawyers were so busy
lighting about his property that they
did not pay any attention to his de-
Tense They went into court with no
more preparation for the trial than
YOU or I would have if we had to try
the case today say the governor
should pardon the boy, and then let
the county authorities rearrest MIN
and try him again on practically the
same charge. That would be talr,
both to the boy and the people Of the
county"
There is not much doubt that Willie
Sell would stand a very good chance
for acquittaI before q jury at TINS
time The very fact that he has al
ready served 20 years in prison would
act upon the synpathies OF an ordl-
nary jury All "a NAAC hA1ON-J -
the ocular demonstrations of the ter
rible nature of the crime, have been
| destroyed, and considerable other evil
dence presented at the former trial
would be missing.
State Auditor Seth Wells. who has
! been one of the leaders in the oppos1-
/ ton to the pardon. said today;
"Thfs plan of having Sell pardoned
/ so that he can be given another trial
does not look fair to me. Twenty
years have elapsed; some of the wit
nesses are dead, and the lapse of time
/ has deprecated greatly the value of
all the evidence. It is hard for any
| body to testify accurately about things
which happened 90 years before. Then
of course the first thing Sell would
want would be a change of venue.
That would mean a big lot of expense
for the county. I think It is very
doubtful whether the county would
care to make another effort to convict
Sell if he is pardoned. I am sick OF
/ continually fighting this case, and If
/ the governor wants to pardon him, it
will relieve me of q good deal OF
worry What good would it do for us
to arrest and try him again? he
would probably be pardoned out by
some other governor even If we Sc
cured a conviction. I should think
/ that Governor Hoch would prefer to
rest his decision on the verdict of the
| jury in the case, even though there
/ may be some doubts in his own mind
as to the prisoners guilt.