Sistersville daily review. [volume] (Sistersville, W. Va.) 1905-1907, 1905-05-16

Attorney and the judge advise
against the application, or when
recommendation is made by one
only, and that is adverse, the
papers will not be sent to the
Governor, except in capital cases,
or upon his request: but when
either advises in favor of the APP
plication, the papers will be sub
mitted to the Governor.
7. AS all applications are sent
by the Pardon Clerk to the Pros
ecuting Attorney for report, it is
unnecessary and undesirable for
the applicant to apply to the at
torney or the judge, and letters
from either will not be entertain
ed until they are received as a
result of the request of the Pardon
Clerk.
8. The Pardon Clerk will, up
on receipt of an application for
relief from a convict at the pen
itentiary, inquire of theWarden
as to the conduct Of the convict,
his health, the nature of his crime,
the date of his sentence and the
expiration of his sentence with
good time allowance. No appli-
cation for pardon will be enter
tanned in the case of a convict
whose conduct has not been uni
formly good for the previous six
months in prison; or in the event
of his having served less than SIX
months, for the full period of his
incarceration at the time the APP
plication was made.
9. Reports to the Governor by
prosecuting attorneys, judges
and other officers, on applications
for pardon, must be treated as
confidential, and are not open to
inspection by the applicant or any
other person, except with the
written assent Of the prosecuting
attorney, judge or other officers
making the report: nor, if such
assent be given, unless it be shown
that the ends Of justice require
their disclosure. All other papers,
except reports or communications
/ to the governor by officers, and
open to inspection by the appll-
cant and his attorney or repre-
sentative.
TO- Applications will not be
considered pending appeals to an
appellate court.
II. Applications which contain
the names of more than one per
son for whom clemency is asked,
will not be received. Papers must
be separate in each individual
case.
II. The Pardon Clerk is not a
reviewing court. In applications
based upon the grounds of mis-
trial or improper conviction. the
allegations must be sustained by
such reasons and evidence as
would probably be grounds for a
new trial; and in applications
based upon newly discovered evil
dence must be such as would prob
ably have produced an acquittal
on a second trial, and must be
certified to by the prosecuting at
tOrney or the judge as germane,
and an opinion given by them as
to it's credibility.
ID. Except upon the grounds
Of absolute innocence, complying
with Rule 10. no application for
pardon shall be entertained from
convict who has served the
minimum sentence for his crime.
Such applicants are eligible to
parole. and must make their APP
pIication for parole through the
Board of Directors Of the Peni-
tentiary.
IA. All convicts pardoned on
other grounds that absolute in
nocence, will be released on parole
and be required to have an en-
ployer. furnish a bond of fifty
(50) dollars to guarantee the ex-
penses of the return to prison in
the case Of violation Of the terms
of the conditional pardon or pa
role, are required to furnish re-
ports to the warden and other.
wise comply with all the rules
governing paroled prisoners. The