Albuquerque citizen., 1908-04-02
INNOCENT MEN
IN JAIL FOR
LIFE
Because of a Law They Can
Not Be Pdroltd. Although
Both Proven Not Guilty.

san Francisco, April 2.-Unless the |
present statutes OF California are am
ended. two life termers' in san |
Quentin prison will have to serve out |
their sentences for a crime which an
other man committed. Although |
proved innocent Of the deed for |
which they have already suffered q |
quarter of a century's imprisonment |
they are still held i'm the pententiary |
on a legal technicality.
Under the laws Of California a
man who has pleaded guilty to a |
crime and been sentenced to punish |
ment Is not eligible to parole and a |
custom that has been so strictly ad- |
hered to by all the governors of the |
state that it amounts to a law has de- |
creed that no prisoner who has not |
been previously paroled can hope for !
a pardon. That is the technicality |
that stands in the way of freedom.
In a moment of panic caused by
threats of lynching, the younger of
the two men, boy at the time, on
a promise of being let off with two
years sentence If he confessed, made
written statement that he com
mitted the crime. The facts regard
iHE ludl SldltIltul nave SluCt DGtll
brought to light and the identity of
the real criminal has been discover
ed, but the document is Intellectual
TO free the men.
The Fight For Release.
Twenty-six years ago the two men,
William Kilkey, then 21 years old,
and Ernest Richards. IS years old,
were convicted of the murder of a
man in Sonora, Cal. The evidence
against them was purely circum-
stantial, but so complete that not a
doubt remained in the minds of the
jury, the judge, or the community as
to their guilt. Because Of their youth
the death sentence was not imposed
and instead they were sent to San
Quentin penitentiary for life. The
families Of both men were wealthy
and made every effort to obtain their
release, but to no avail, and the case
was finally given up as hopeless. The
cOnvict5 were exemplary prisoners,
eventually becoming TRUSTEES, one az
head barber of the prison and the
other as custodian of the death cham
Der.
About four years ago woman
went to the prison and asked to see
Gilkey and Richards. She was with
them several hours and went away
looking very much distressed. She
was forgotten until several months
later when the Humanitarian society
of San Francisco sent a letter to the
warden of the prison setting forth
the facts in the case and asking that
the proper steps be taken to liberate
the two prisoners. Then the story,
so long a secret in the mind of the
woman and a mystery to the two
prisoners who knew themselves to be
innocent of the crime was told, and
the whole state was aroused over the
strenuous though futile effort which
the woman was making to set the
two men al liberty. AS nothing could
be accomplished while the peculiar
parole law stood in the way, the mat
ter was finally dropped and has only
recently been revived and interest re-
newed by the effort now being made
by the Humanitarian society to have
a new law enacted which will not
only cover the case in point, but pre-
vent a similar difficulty in the fu-
ture.
How They Became Implicated.
The history of the case Is as re-
markabe as its present status. GilkeS
and Richards lived on the ranch o
the latter's father near Sonora. work
ing it on shares with the older man
A man named Jamison, who lived OF
an adjoining ranch was their init
mate friend and companion. JamisoI
was much older than the other two
All three frequented a roadhOuse be
tween the Richards place and Sonor'
kept by William Bergel, known a
"Old Bill" The boys We're favorite
with the old man and spent man,
evenings at his saloon. one evening
when they were riding home Wit
Jamison the latter suggested that the
play a joke on the old man, "hol
up" his saloon and take all his casf
After we've scared him good,
said Jamlson, I'VE can take off ou
masks and have the laugh on hin
What do you say?"
The others agreed, thinking
would be fine sport, and the plar
were laid and the time set for tn
following Tuesday night After Jan
ison left them, however, Richards an
Gilkey talked the matter over an
decided that the joke was almost tc
practical to be amusing and th'
they had better not do II. The ne
day Richards went to Jamison al
told him OF their decision. He laugl
ed but told them to do as they like
about IT, that he thought it mig
bc fun to scare the old man, but
guessed they were right after all
So the plan was abandoned and q
Younger men forgot about it.
When the Deputy sheriff Came.
on wednesday following the Tue
day which Jamison had suggested
the time for the proposed fake hol
up" Richards was riding to town al
stopped at BergeIs roadhouse for
glass OF beer. "Old BIZ was not
the saloon, so Richards, knowi
himself to Oe welcome to auythi
the old man had, went behind t
bar and drew his own beer Then
sat down TO wait for the old mg
When half an hour had passed a
"p1d BIl" had not returned, Ril