The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-09-06
FRANTZ'S STELEGRAMRE-
vOKING RUNNELL'S PAR.
DON AN HOUR LATE
COURT ORDERS RELEASE
When HabeaS Corpus Pro.
ceeding is Brought.

Leavenworth. Kas.. sept 6.-The
Times says. Ia the district court yes
terday AFTERNOON. after hea-ing the arr
guments Of Attorney Eldres for Joseph
Runnels and Attorneys Bond and smith
for Oklahoma Territory. Judge Gilpat-
rick ordered the prisoner released from
confinement in the Kansas state prison
and had him. IN the presence Of Warden
Haskell sign the parole which had been
ruthlessly withheld from him by Gov
ernor Frantz Of Oklahoma one hour after
it had been received at the state prisol.
Set seal Of Approval.
The judge held that when Governor
Fiantz sigqed the parole or conditional
pardon. be set his seal OF approval on St.
and that when it was dropped into the
mail It had gone so far that it could not
be recalled. He said the testimony
showed that the conditional pardon had
been received first and the telegram.
which came revoklng it or Withholding
it had come an hou- later. lie held that
the chapter. 80 far as Rnnnels being a
prisoner iq the state prison. had closed
when the assistant chief e. ark closed the
mans account He said it was st-ange
indeed that thegoverno~ OF Oklahoma
would hold out 8uch a daint, morsel as
conditional pardon to Runnels. and
then ruthlcesl.- snatch II away: he said
Il WIS unbecoming the dignity Of the
governor of the territory to do such an
act: that q was lot for the law TO pre-
sume that the governor Of Oklahoma
would belittle the Importance and dignity
81 his office bg such an act He held
that the governor of Oklahoma conceded
the issuanee the pardon when he tcle-
graphed here to withhold H. hut that the
act OF clomency had passod beyond re-
call when it had been sant here He
thought It too cruel an act to be played
upon prisoner In conclusion. he said
THE prisoner has nos vet sig ed his
acceptance Of the conditional paro, n; he
shall do so now; il is too late to revoke
IT,"
"Runnels. after the courts decision.
shook hands with his attorney. Ben F.
Endres and with Judge Gilpat-ick. He
and his attorney and Attorney Eli Nird-
lilger. who had assistei Attorney En-
dres by obtaining legal opinions favor
able to the man, gathered about a table
with Warden Haskell OF the state prison.
several officers OF the institution. Assist
aat AttoIney General Smith of Oklahoma
Attqrney Bona and others and these
Runnels signed his parole which had
been produced by Warden HasSell Dr.
Grigsby aad Officers He-wig and Spencer
witnessed his signature and Runnfs was
then free man.
History Of the Case.
! Joseph Rulnels, an ex-deputy United
stats marshal ana ex-assistant chief OF
police OF Guthrie. Okla, was sent TO the
state prison I'm March i90B to serve
; twenty five years for killing persol
/ who was said 20 have been his friend.
| Three men fired -eyolvers and one man
! fell: Runnels protested that he had not
! fred the fatal shot but he was convicted
! He applied FOR a pardon or pa-9le and
/ Governor Frantz granted it. He sent II
to the state prison and Il was .eceiv ID
July "a Of this year. Runaels was told
Of it and went 10 the tailor shop and had
/ his measure taken for suit Of clothes
/ In the meantime Warde1 Haskell arr
rived at the prison and was told Of the
parole. one hour afterwards he received
a telegram from Governor Frantz Of ok
lahoma telling him TO hold the parole ua-
4 tn his letter rad been received. Rum
nes was shown the parcia and read II
and Il was read TO him. He remarked to
the warden. when told OF the conditions;
THAT viii be easy. I wish to obey al
laws" The warden then showed him the
telegram.
Warden Haskell did not release Rum
nels, 5ut wrote TO the governor of Okla
hor :, asldas him whv he had withheld
~ parole ANA received al answer that
certain combinations had a~ise1. Run-
nels then applied for writ Of habeas
corpus and this was granted lie was to
have been brought into court today, but
the assistant attorney general OF Okla
homa practically admitted be was beaten
and ASKED that the ease come un yes-
terday afternoon ana be disposed of
Runnels after h,s 7eiease went TO the
state prison and obtained am papers and
things belonging to him there"