The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-18
Will NOT HANG.
Sentence of Charles O'Neil Is
COMMITTED Today.
Killed His Sweetheart at Fort
LeavenWOrth.

1.-THE president has committed the
sentence of Charles O'Neil to life i'm
prisonment. Will mail warrant to you
in few days. Wire answer.
''WICKERSHAM."
The above telegram received by U.
S. Marshal Mackey at 2 O'Clock this
afternoon marks the close of a long
! struggle on the part of interested
Kansans to avoid a legal hanging in
| Kansas and also relieves L. S. Mar
shall MackeY of what would likely
| have been the most unpleasant job in
| his career. Charles O'Neil, the soldier
murderer. was under sentence to hang
and the date set was May 90. O'Neil
was granted a 60-day reDrieve two
months ago by the president while his
case was being considered.
Upon what grounds the president is
sued the Communication of sentence is
not mentioned in the telegram, but it
is believed that this action was purely
out of respect to the wishes of the
people of Kansas. There is a law
against the death sentence in Kansas
and there is a sentiment that is strong
err perhaps than the law. O'NeiPs
crime having been. committed upon a
military reservation, he was under gov
eminent jurisdiction.
There was no choice when O'Neil
was found guilty of first degree muir
der but to sentence him to hang. Judge
J. c. Pollock sentenced O'Neil at Kan
soldier murderer has been in jail at
Leavenworth since that time. Bids
were received for the erection of n
gallows upon which to hang him when
the reprieve was granted by President
Taft two months ago. 1t was expected
that he would hang and O'Neil even
tried the insanity dodge after his SEN
tence and reprieve. But the alienists
found no traces of insanity and so re-
ported to Washington.
no nyfn inc oi1%
stances which could be pleaded IN
O'Neil's favor. Crazed with anger be-
cause Minnie Barboe, French woman
employed in the home of an officer at
Fort Leavenworth, refused to associate
further with him O'Neil went to Leav-
enworth filled up on bad whisky and
returned to the Fort for trouble. He
called to see the woman and she re-
fused to see him. She reported his ac-
lions to the officer. The officer placed
O'Neil under arrest. and the prisoner,
leaping from behind the officer, shot
the woman, killing her instantly.
Because of the absence of extenuat-
ing circumstances it is believed here
that O'Neil was granted a life instead
of death sentence on account of the
feeling against hanging in Kansas.
Shortly after O'Neil was sentenced ac-
ton to have the sentence committed to
life Imprisonment was begun. Mon
ster petitions were sent to President
Taft protesting against the proposed
hanging.
Washington. May 1S.-Yielding to the
strong sentiment in Kansas against
capital punishment in that state where
a law has been passed against it. PreSi-
dent Taft today committed to life i'm
prisonment the death sentence of Pri-
vate Charles O'Neil of the United
States army. who was to have been
executed on the military reservation at
T --z-4l, aEox-
Representative Scott of Kansas and
Representa- 1--WE Chapman of Illinois
called on the president today and pre-
scented the matter fully to him.