Evening journal., 1910-04-08
NO PARDON
FOR GOODWIN
Board After Hearing ArGu-
mentS, Testimony and Pc
titiOnS, Declines to
Retry the Case
Mr.. JOSLYN CONTENDED
PENALTY WAS TOO GREAT

Special to THE EVENING JOURNAL.
DOVER, Del. April S.-Despite the inn
passioned plea made by Harry p. Joslyn
for pardon for John il. Goodwin, the
Board Of Pardons yesterday afternoon re-
fused the application for a pardon. The
Board declined to review the testimony
taken at the Goodwin trial. The action OF
the Board was as follows:
Whereas, The application Of John H.
Goodwin is based first. on the insuficiency
Of the evidence produced before the Court
oil General Sessions by which he was con-
victed, which evidence was reviewed by
the Supreme Court of the state upon the
appeal taken by the applicant, and second.
upon the undue severity Of the penalty
imposed.
Resolved That the board declines 20 re-
view the testimony upon which the applt-
cant was convicted in the court below,
which conviction was sustained by the
Supreme Court. and also 10 alter the sem
tence imposed and application is therefore [
denied"
The members Of the Board who sat in
the case were Chancellor Charles ~. Cur
tis, Lieutenant Governor John NJ. Men /
dinhau Secretary of State William II |
smithers and state Auditor Theodore +. |
Clark. State Treasurer David o. Moore |
was out of the State on a business trip |
Mr. Joslyns' Argument.
Mr. Joslyn made a long argument before /
the Board in support of his reasons for
the pardon. He attacked the credibility Of
Philip oliver of Delaware city. who was
the principal witness against Goodwin az
the latters trial on a charge Of attempted
bribery When Chancellor Curtis asked
whether Mr. Joslyn desired to retry the
case. Mr. Joslyn contended that Goodwin
had been too severely punished, even il
the Board thought the testimony had been
sufficiently considered by the court. lie
said that in 1897 Ten Democrats in New
Castle county went I'm and changed tho
election returns i'm the vote for sheriff
They were indicted zone Brown ne said
wat tried and convicted and fined 500
and coses, after which the others pleaded
guilty and were fined SOD and costs"
Goodwin has not pleaded guilty" said
Mr.. Joslyn "lIe denies his guilt Wo don't
ask for an unconditional pardon We ask
you TO give him his liberty and restore his
citizenship on payment of $500 fine and
costs He has served 4s or a days"
Mr. Joslyn also cited that John Barr. in
Sussex county. convicted on an attempted
bribery charge. was fined without inn
prisonment
Mr. Joslyn submitted petitions asking
for Godwin's pardon. One was signed by
l29 white voters and another by G. colored
! voters Of Red Lior hundred in which
Goodwin lived The signatures comprised
s5 per cent of the voters in the hundred
q Al.
the petition was that of Philip Oliver
who was the prosecuting witness against
Goodwin II. c. Clark, of Delaware City,
5 said he believed Oliver would make a
, confession if he had a chance"
Attack Witness crediibiIity.
William Anderson, William A. Hagan,
. William c. Hickey and H. C. Clark said
they would not believe Oliver as a wit
ness Mr. Clark said some of the signers
! believed Goodwin had been made chop
ping block" for a few persons.
{ W. ". Harrington deputy attorney gen.
S eral for Kent county. spoke against the
e Board opening the door to retry cases,
e and the following letter was read from
q Judge William II. Boyce and former Judge
William c. spruance. of the County Court
s that tried Goodwin. before the Board OF
Pardons went into executive session and
d refused the pardon:
> Wilmington Del. April 4, 1910, The
% Board of Pardons. Gentlemen: We
have received notice that on the 9TH
inst, an application will be made for
the pardon of John Goodwin. now con-
fined in the New Castle County Work
> house under sentence of the Court Of
General Sessions for New Castle
i, county.
1.-The reasons for said application
we're set forth in said notice
"The offense for which Goodwin was
l. convicted was the violation of certain
. provisions Of Section Of Article Of
= the Constitution relating TO bribery at
X elections. the penalty for which, among
" other things. is a fine of not less than
one hundred dollars no more than
ID five thousand dollars, or imprisonment
Of not less than one month nor more
Y than three years. or both fine and i'm
= prisonment within said limits at the
n discretion of the court
Il Section OF said Article V provides
: that every prosecution for any of the
offenses mentioned in said Section z
shall be on information filed by the
"A attorney general, and that the cause
4, shall be heard, tried and determined by
the court without Intervention Of either
" Grand or Petit Jury.
e, 1.-THE case Of Goodwin was tried by
- the Court of General Sessions upon in
formation fled by the attorney-general
- in strict conformity with the provis-
y ions of said Section s. The trial court
\. was composed of Chief Justice Lore,
- and Judges Spruance and Boyce. AT
the trial ample opportunity was given
p. to the able counsel for the defendant
- to present such evidence and argu-
In ments as were considered favorable to
~ the defense. Upon the conclusion of the
~ evidence and arguments the court
unanimously found the defendant
, guilty, The sentence of fine and inn
prisonment by the court was far be-
= low the maximum limit provided by
!. the Constitution.
"The undersigned remain Of the opin
ion that the conviction and sentence
~ Of Goodwin were just and proper in al
respects
-, ION appeal TO the State Suprem,
Court the judgment OF the court be
> low was approved and confirmed. Sub