The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1909-02-10
GOOD TIME" CLAUSE
NOT IN ACT OF 1897
Warden Reid Secures Opinion of At
torney General-Governor Mar
shall Is Silent-Release of Rens-
selaer Man Would Mean the Set
ting Free of 100 Worst Criminals.
TIMES BUREAU
AT THE STATE CAPITAL.


Especial to THE TIMEs.)
Indianapolis, Ind, Feb. 10. 1t be-
came known yesterday that the citation
of an opinion by the supreme court by
james ID. Reid, warden of the Indi-
ana penitentiary at Michigan City, was
all thai prevented the release from that
prison of ThOma j. Mccoy, the Rens-
salaer bank wrecker. The opinion,
which would have resulted In the re-
lease of Mccoy, was given by the at
torney general and was to the effect
that Mccoy was entitled to 'good
time" under an old law even though
he was convicted and sentenced under
the i-ndeterminate sentence law. This
construction of the law would have
resulted also in the release of at least
100 Of the worst prisoners in the peni-
Tertiary.
Finds Similar In the 152nd Ind.
The attorney generals opinion was
forwarded to Governor Marshall when
attorneys for Mccoy raised the ques-
ton of the release Of Mccoy. The gov
ernor forwarded the opinion to Mr.
Reid. Newspapers got hold of the facts
through different attorneys, it is saiS
anu ~ WdS GNGu pNDllSnGQ III lie nGWS-
papers that Mccoy had been released
Warden Reid, however. made an In
vestigation of the law and found e
decision of the supreme court in the
case OF Davis VS.. the state, 152nd Ind.
which was to the effect that a prisoner
convicted under the indeterminate sen,
tence law could not take advantage o.
his free time under the old law enact
ed in 1883. The indeterminate sen,
tence law was enacted in 1897.
Governor Silent on Question.
Warden Reid was in the city yester
day, but he refused to discuss thu
case, saying that any information o
this XII should come from the gov
ernor. The governor also refused II
discuss the case. The facts have be
come known, however, from authenti
sources.
} hi opinion. of the attorney genera
was sent to Warden Reid several day
ago. When he reported back to tn
governor his investigation of the lay
and the supreme court decision re
ferred to, the governor, it is said, re
ferred the matter back to the a~ttorne,
general.
IL is Ed4N LAdL NCOISG D. nay WOO
OF lafayette, one of McCoy's attor
neys, and the attorney general are nov
comforting and investigating the Lax
as far as possible.
Mccoy Behaved Well.
Mccoy was convicted in connectio
with the wrecking of the Mccoy pri
vate bank at Rensselaer, about thre
years ago. He was sentenced for froI
one to three years under the indeter
inmate sentence act, and his thre
years will expire June 10, next. Unde
the old good time law a prisoner who's
behavior was good was entitled t
have one month taken off of the frs
year of his sentence. two months Of
] the second and three months off tn
$ third, and under the provisions Of thi
act Mccoy, provided his behavior ha
been good, would have been release
? some time ago. II the good time laV
. were regarded as being in effect as t
5 those sentenced under the indetermin
: ate sentence law many bad criminal
in the state prison would be entitle
: to release-