The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-27
Governor HOch Pardons a WO-
man Convict.
Convicted of Completely i'm MUIR
der of Husband.
j. G. WATERS VICTORY
Topeka Lawyer Made Long
Fight for Her Freedom.
Contest Over Farm Factor in
the Case.

Governor Hoch on Tuesday after
noon made another reduction in the
list of celebrated convicts at the state
penitentiary by pardoning Mrs.
Emilia New, convicted in 1897 with
George H. Dobbs for the murder of
Mrs. News husband. Joseph New. The
murder occurred on the New farm.
L. miles from Eureka, Kansas. on the
night of October 81, 1897. Dobbs
died in the penitentiary about four
years ago.
About the only celebrated prisoners
left at the state penitentiary are John
are being made at even money that
they will be pardoned during Cover
nor Hoch's term.
In speaking of the pardon of Mrs.
New, Governor Hoch said: 81 have
been considering granting pardon
for Mrs. New for long time. 1 have
studied the case with great care, and
l consider that there is very great
prison long time. and is getting old.
The sentiment down in Greenwood
county seems to be strongly in favor
of a pardon. Eight of the jurymen
who convicted Mrs. New have asked
for the pardon; two more of the jury
men have moved away, and one is
dead, leaving only one who refused to
approve the application.
Il was also moved to take this ac-
ton because of the litigation pending
in the Greenwood county district
friends felt that if she should be par
doned, she would be able to get back
the farm which she decided to her at
torney under alleged misrepresenta-
ton That case was set for hearing
at the October term of court. When
1t was called, Judge Aiken continued
it and from the bench made the state
ment that he hoped that when the
frsn f11aA
New herself would be free from the
penitentiary. and be able to appear in
court and fight for her rights. Alto
gether the case appealed to me as ono
deserving clemency, and 1 therefore
granted pardon"
The fight for Mrs. News pardon has
been made by Capt. Joseph G. Waters
of Topeka A. z. Crane of Holton and
numerous others, among whom might
be mentioned ex-Warden Harry Lands,
of the penitentiary, ex-Chaplain H. E.
Ballou, ex-Matron Martha Fitzgerald
Waters and Mr.. Crane came before
Governor Hoch on Monday and at that
time secured assurances that Mrs.
News release would be ordered.
New Was Shot From Ambush.
The following is the story of the
celebrated murder which resulted in
the conviction of Mrs. New and George
H. Dobbs:
Mr.. and Mrs. New were German
Americans. They lived alone on a farm.
On the night of October 81, 1897, Mr..
New heard a noise out near his chicken
house, and went out doors to investi-
gate. He was shot from ambush and
instantly killed. Mrs. New in her night
neighbors and gave the alarm. On No
Vember IL, Geo. H. Dobbs, a neighbOr,
was arrested for the killing, and Mrs:
New as aCcomplice. 1t was claimed
that an Illicit attachment existed be-
tween Mrs. New and Dobbs, and that
the plot to kill New was fixed up be-
tween them. 1t was proved at the trial
that Dobbs had borrowed a shotgun
from a neighbor the night before the
killing, and when the gun was inspect
ed, 1T was found to contain one loaded
shell, and one discharged shell. Dobbs
testified that he had not discharged the
gun, and it was not discovered until
after the trial that Dobbs' son had ia
ken the gun out and fired a shot with
1t two days after the New murder.
Queer Work by Attorney.
James Shultz. an attorney of Eureka,
took Mrs. News case after she was ar
rested. and she claims that under pre-
tense of protecting her property, he
induced her to deed all her property to
him. the total value being $4,000. He
decided it to one ]. A. Smith. The civil
action now pending is brought by Rob-
ert H. Clogston, trustee for Emilia
rev, to recover the property from
OIIlIln Inc case was won by ClOgStOn
In the lower court and was reversed by
the supreme court.
The claim is made that having OBJ
tanned Mrs. News property, Attorney
Shultz did not make proper effort to
defend his client. but allowed her to
be railroaded to the penitenIiary. L.
II. Johnson, who was then county at
torney, and prosecuted Mrs. New, is
now attorney for ]. A. Smith, the
owner of Mrs. News property under
deed from Shultz. and johnson re-
fuses to join in the application for the
pardon.
Judge C. w Shinn, who was the
judge that presided in the case, also
refuses to take a hand in the case on
the ground that it is contrary to his
principles to ever interfere In such
matters.
A letter is also on file from Mrs
Carrie Bressner, of Yates Center, sis
ter of Joseph New protesting
against the pardon
To the Q. S. Supreme Court Once.
One of the features of this famous
case was the fight made for a rehear-