The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1910-12-30
Ed. AsCHER, FRANK
HAYES AND THIRD
LITER FREED
Gov. Warner Grants Parole To Two
Detroiters Sent Up for Murder and
Black Bart" Holzhay, Who Killed
Banker Up North.
Ascher Was Convicted of Staying Val.
more c. Nichols, and Fred Kelley
Was Hayes Victim.

Three men convicted of murder and
serving life terms In prison. will be
released on parole. Jan. /. through
the executive clemency of Gov. War
ner. extended on the recommendation
of the pardon board.
The men are Edward Ascher, OF
Detroit. convicted OF killing Valmore
c. Nichols, Ypsilanti farmer. In 1895:
Frank Fl. Hayes, OF Detroit. convicted
OF killing Fred II. Kelley. drug
clerk. in Caldwells drug store, No. 242
Grand River-ave., in 1892. and Rel
mund Holzhay. otherwise known as
Black Bart" the bandit Of the north
woods. convicted Of holding up stage
In the woods near Lake Gogebic. Mich.
and killing A. Z. Fleischbein, q Chi
cago banker. 81 years ago. Ascher
and Hayes have been confined In
Jackson. and Holzhay in Marquette.
Ascher's sentence is committed 10
expire Jan. /. 1912. but he will be re-
leased Immediately on parole. and Is
expected home Sunday. Hayes SEN
tence is committed to 30 years, and |
he will be on parole until the term
expires. Holzhay's term Is commuted
to 40 years, SO that, il he violates his
parole, he will have long time to
serve before paying the full penalty.
While Gov. Warmers action Is good
news 10 the relatives OF the convicts,
II does not meet with the approval OF
the police authorities, the officials
who prosecuted the cases and the rela-
tives OF the victims. In the case or
Hayes, particularly, much criticism Is
heard. Gov. Warner himself says
that Hayes was liberated out OF pure
sympathy for his devoted mother.
Hayes, he says, was a mere boy of Is
when sent up. He is now SO.
Baker Talks Of Hayes Case.
Police Capt. Alphonse Baker. of the
first precinct, who. as a detective,
looked up the evidence against Hayes.
can see no justification whatever for
the release OF Hayes.
THE pardon board three times re-
fused to do anything for him." said
the captain. Now the next thing We
hear is that he is pardoned. II ever
man was guilty IL was Hayes. He
made us prove everything, and ever
after the trial would admit nothing to
us. He did confess to his attorney.
George F.. Robson. however, and told
just how he came to shoot Kelley.
Robson told Allan Frazer, who prose-
cuted Hayes. The last time the case
was before the pardon board, under
stand, these facts were laid before
the members and they refused to con-
slider ii any further
Hayes was a young fellow who
seemed to be absolutely devoid OF
feeling. Even when the jury found
him guilty, he showed no emotion.
His mother. who was sitting near him
in the court room, started to cry and
he told her roughly to shut up
II can't understand for the life or
me why the governor should release
Hayes. Why, he was supposed to DO
implicated in the plot with Lattimer
some years ago to poison the guards
and escape. | should think that would
work against his release. There isn't
much use In convicting men IL they
are going to be released on purely
sentimental grounds"
Hayes Cold-BIooded Crime.
Frederick H. Kelley, whom Hayes
was convicted OF killing, was en-
ployed as clerk In Caldwell's drug
store, No 242 Grand River.ave. On
the morning OF Nov. 10. 1892, his body
was found in the basement OF the
store. with bullet wound In the
back OF his head The case was q
mystery at first, but Detective Bakers
Investigations led him TO suspect
Hayes. who had formerly ocen en-
ployed in the store and had been dis
charged, Capt. Baker says, Tor enter
tanning girls in the place at night.
Hayes was supposed TO have gone
west some weeks before the tragedy.
but Baker located him IN the home OF
an aunt and placed him under arrest.