The comet. (Johnson City, Tenn.) 1884-1916, 1910-12-15

| Wk4a II &5i Massachusetts who is
kES - EN doomed to solitary life
kNSEsseS@ Imprisonment, has writ
Ten an account of his prison life in an
effort to have the conditions OF his
confinement ameliorated.
Pomeroy has been in prison for
thirty-six years. He was fourteen at
the time he committed the frightful
crimes which won for him the title OF
''the boy fiend." Only his youth saved
him from hanging. The condition on
which his sentence was committed TO
life Imprisonment was that his con
fnement should be solitary" and he
alone of the inmates of the Charles
town state prison is never permitted
to see his fellows There is con-
vict whose duty 1t is to shut the door
of Pomeroy's cell whenever visitor
enters the corridor.
He was a 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 is 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 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 (1S8S) was: I am not
sorry, / am glad / 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 1t 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.
II have no friends, no influence.
cannot get hearing from the COVER
nor, / have been left to my own de-
vice in this cell all these years.
II put down few of the mitigating
features in my case.
Mitigating Features.
IL. / was fourteen years old when
arrested in 1874.
"2. 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.
"S. 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.
Calls His Penalty Cruel.
Solitary Imprisonment at hard la
Dor for life, on 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. 1887, C. 1917 In
not defining what he meant by his
solitary; it Is uncertain and vague;
the law says 1t is a dark cell on bread
and water. (See G.. S., c. 1748, s. 10;
C. 179, 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. ia, S. 1, 10 Allen, p.
58l) for customary penalties; finally
the warrant does not show 1t to be
conditional, If so intended.
"All of which gives rise to a we'll
founded doubt, If l was convicted by
good process of law; as per article
of amendment to United States con-
stitution No 10, which by Article 6
of said constitution is the supreme
law of the land
II 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
by the list herewith: and If you can
in any way assist me to obtain them
/ shall thank you. submit, too. that
my case is exceptional. worthy of |
both as to privileges,
as on its legal aspect, because cir
cumstances alter cases.
I'm the sincere hope that it may |
move you to uplift, in some way, the
life, am. respectfully
yours,
Jesse III. POMEROY"