Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1910-11-26


Pomeroy has been in prison for
thfrty-six wears. He was fourteen at
the time he committed the frightful
crimes which won for him the title OF
1.-THE boy fend." Only his youth saved
him from hanging. The condition on
which his sentence was commuted TO
life imprisonment was that his con-
f1nement should be SOLITARY" and he
alone of the inmates of the Charles
town state prison Is never permitted
to see his fellows There Is a con-
Wet whose duty it is to shut the door
of Pomeroy's cell whenever visitor
enters the corridor
He was newsboy, and his reading
was confined to dime novels. But in
the course of his imprisonment he has
educated himself. He understands
several languages and ia an omni-
vorous reader.
He has made at least ten efforts to
escape, all of them characterized by
the utmost ingenuity. Aside from this
he does not give his keepers much
trouble. In his written statement he
does not ask for liberty. but for the
mitigation of the hard terms of his
Imprisonment.
The statement in part is as follows:
Massachusetts State Prison
Dear Sir:
whether my case can have your
sympathy 1 do not know Still, an
effort to uplift this life would bring
you pleasure, as it brought pleasure
to Governor CASTOR in 1875. His mes
sage to me Gsss) was: am not
sorry, 1 am glad I saved that boys
life He would not sign my death
warrant (See council records July,
1879
you know all about my case. Pub
lie feeling against me Is responsible
for the deeply rooted and persistent
newspaper misrepresentation. all
these years, and that public feeling
was due to newspaper exaggeration
and notoriety in 1874.
"Of course it cannot be denied that
the crime was dreadful and that pub
lie justice required satisfaction; but
the truth is no effort has been made
from that day to this to better this
prisoners condition
81 have no friends, no influence. /
cannot get a hearing from the COVER
nor, 1 have been left to my own de-
vice in this cell all these years.
st put down a few of the mitigating
features in my case.
Mitigating Features.
81 1 was fourteen years old when
arrested in 1874.
% Public feeling swayed the
course of justice to my prejudice. The
Judge at the trial told the jury to
bring in a verdict in the first de-
gree or acquit for insanity
THAT was illegal.
49, The attorney general was so
abusive that the jury interrupted
him, saying. Cease your invective.'
"a. My case was recommended to
mercy by the jury.
SO. Sentence as In this case, to
solitary Imprisonment at hard labor
for life is nprecedented-there have
been at least five capital commuta-
lions to this prison since 1874. Not
one was fourteen. Not one was
solitary sentence. At least two of
them have been pardoned.
49, 1 have shown a disposition to
reform 1 have not led criminal life
here l would do well If given an op-
portunity.
"7 There is a doubt whether
was fairly tried, legally sentenced,
legally held all these years in cell,
for reasons which 1 have duly laid
before our supreme court, and to this
date the judges have given no answer
as to the merit of said contention
(See their decisions herewith
Reason as above. q was tried un-
der G. s., Gen. Stats. 1860
Calls His Penalty Cruel.
SOLITARY Imprisonment at hard Ia
Dor for life, on a boy fourteen years
old, is contrary to the constitution
and laws of Massachusetts,. 1t is a
cruel penalty; ex post facto; it VIC
lates the statute of pardons-(G. s..
c. 1T, s. IL, &C., St. 1897, C. 1917 in
not defining what he meant by his
solitary; it is uncertain and vague;
the law says 1t is dark cell on bread
and water. (See G. S., c. 174s, S. IS;
C. ITO, s. 42). And he should have
said what he meant.
by the constitution and laws, no
one can be put out of the protection
of the law, or suffer Illegal penalty;
(see G. s., C. 174, 8. 1, 13 Allen, p.
$50 for customary penalties; finally
the warrant does not show it to be
conditional, If so Intended
'-All of which gives rise to we'll
founded doubt, If 1 was convicted by
good process of law; as per article
of amendment to United States con-
stitution No Is. which by Article 6
of said constitution Is the supreme
law of the land
Il will conclude by saying that the
documents herewith are authentic
and official
MY case is now pending on habeas
corpus.
81 will add that some records neces-
sary In my case are denied to me, as