The Topeka state journal., 1906-02-17
lRELAN STILL IN JAIL.
Governor Hoch Refuses TO Reopen
His Pardon Case.

HIS Hdk1tOn CdSS.
Governor Hoch has for second !
time refused to interfere with the
sentence of six months in jail which
was imposed upon Arthur F. Irelan,
the labor leader who was sentenced to
Jail in CoWley county for striking
''seab" machinist named Harrity IN
the back of the head with rock.
Irelan's friends have contended
that he was the victim Of Santa Fe
conspiracy, planned by Pinkerton de-
/ tectives, for the purpose of getting
Irelan into trouble. Governor Hoch
I was called upon after the supreme
/ court had affirmed the verdict. to
grant Irelan pardon. He refused.
! Another effort to secure a pardon was
made during the recent session OF the
State Society of Labor and Industry
/ IN Topeka and Governor Hoch sent
q written reply to this request to W.
L. A. Johnson, state labor commits
sioner, late Friday afternoon. 1t was
as follows;
ST have given careful consideration
to the petitions letters and documents
1 fled with me and have heard the oral
! arguments in support Of and opposed
| to the application of Arthur E 1relan
for pardon. The application for par
! don is supported by many individuals
and the united strength Of many labor
! unions and federations. The oppo-
! sition is represented by many individ-
Santa F'e railroad company, through
its officials. Each side IS represented
by able counsel Each side has pre-
sented the case with earnestness and
tapparent depth of feeling.
f'The grounds for the application
ssFirst-That the defendant is not
guilty of the offense charged against
him.
''second-That his conviction was
the result n ronSnTr1rxT 9f officers
! and detectives.
''Third-The Jail at Winfield is SO
foul and filthy that it Is place unfit
/ for any prisoner.
''Fourth-If the defendant is guilty
of any offense the punishment already
endured by him is sufficient
Were I. as governor. permitted to
! indulge my personal feelings and SYM
/ pathies and grant pardons accordingly.
/ might reach q decision different
/ from the one have reached; or.
were I permitted by my duty and by
! the law to grant or withhold pardons
-aeeording to the power, influence and
/ numbers Of those who support or re-
I sist applications. my conclusion in this
/ case might be different from what it
IS can not, I must not, allow my
4 sympathies to control my decision in
pardon cases To do so would be to
release the great majority of those
who apply for pardon. The pleas and
/ petitions to the executive from the
( children, wives, mothers and sisters of
/ convicted men would empty every cell
1 If the governors sympathy were the
/ only key. To grant or withhold a
pardon according to the greater power.
| influence and number supporting or
/ opposing the application would be to
ignore the law and render a decision
without regard to the merits Of the
/ case. My duty demands that uphold
and sustain the judgments of the
courts instead of nullifying them.
q =. Il
to Justify granting a pardon.
! 1Fhe chief ground relied upon by the
| applicant is that he is innocent of the
charge against him. The jury found
him guilty; the trial court approved
the verdict; the supreme court affirmed
the decision. It is not now claimed
that there is new or other evidence
than that produced at the trial I am
asked to consider the same record evil
! dence as it was before the courts and
make a finding Of innocence contrary
to the finding of the jury and the de-
cision of the courts. This I cannot do.
"On the question of the sufficiency
of the evidence to support the verdict
consider the decision of the supreme
court as conclusive and binding upon
me The supreme court says:
The appellant also claims that the
verdict IS contrary to the evidence. We
have examined the record and find that
il contains abundant evidence that ap-
pellant assaulted Harrity and struck
I
rock as large as a mans fist Wounding
and staggering him. The blow was a
severe one and was struck while Har-
rity was standing with his back to ap-
pellant, not expecting an attack, and
without provocation or warning. The
z jury inspected and examined the rock
/ and found that the assault did endan-
ger the life of Harrity and we can not
= weigh the testimony CT disturb their
dnding.'
''Whatever there was IN the charge
Of conspiracy to convict was for the
cOnsideratio of the courts in consid-
ering the credibi1ity of the testimony.
It is not for me to measure that credi-
bility.
sThe condition of the CowIey county
5aiI is not a matter to be considered by
me as a reason for granting a pardon
If one man sentenced to that Jail
should be pardoned for such reason.
then all men so sentenced should be
pardoned for the same reason. The
condition of the Jail is a proper subject
to present to the county commissioners
of that county. who should make
proper and suitable provisions for the
care Of all the countv's prisoners.
'tTne ofgense Of which the defendant
was convicted is punishable BY inpris-
rsrysfTrfrr IA III