The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-02
PARDON FOR ONE.
Harvey WhittOn, Formerly Of
Greenleaf, to Be Freed.
Is Under Sentence to Serve so
Years in Montana Prison.
SISTER WAS LOYAL.
Carrie Nation Carries a Case to
the Supreme Court.
Other Items From Washington
of Interest to Kansans.

ton OF this city, but who resided at
Greenleaf, Kan, for a number of years.
and is now serving a sentence of so
years in the state penitentiary of Mon
tana for completely in the murder of a
deputy sheriff in that state, is soon to
be set free. His blind sister, who re-
sides in this city, through the assistance
Of Senators Dixon and Carter and Gov
ernor Norris of Montana, has secured
the release
Harvey Wilton was born in this city
in 1876. Like thousands of other boys
he read dime novels. and his mind was
fred by the deeds of daring of Buffalo
Bill and other heroes of the plains. Be
ing ambitious. young Whitton left here
IN 1893 for the west, going to Kansas
where remained until 1895 when he
went to Montana. He was scarcely
more than q years old, when he found
himself behind prison doors, serving
sentence of 80 years at hard labor. The
boy received the sentence because he
was in company with a desperate when
the latter shot a deputy sheriff, who
died from his injuries. The desperate
penalty Of the law. because out in Mon
tana an accomplice in a crime can be
held equally guilty With the principal.
Several interesting questions are in
volved in the case of James O'Neal. a
private in the Thirteenth United States
infantry, recently convicted of killing
his sweetheart, Minnie Scharpino. OF
the military reservation at Fort Leav-
enworth, and sentenced to be hanged
March 80 Capital punishment is not
recognized IN the state Of Kansas, and
the death penalty never is inflicted by
the state authorities. Neither has the
state jurisdiction of offenses committed
on government reservation
Private O'Neal was tried and convict
ed before United States court and
sentenced to be hanged. Owing to the
circumstances Of the case it was DEEM
ed lnexpedient, at least, to execute the
sentence on territory within the jurfS-
diction of the state, and there were
sentimental and other reasons against
the use of the grounds of the military
reservation for the purpose. 1t appears
that there is but one instance of hang
ing on the Fort Leavenworth reserva-
ton. That was during the civil war
over 40 years ago. AT that time many
crimes were committed by border ruff
fans, and three of the ringleaders were
hanged together by order of General ].
G.. Blunt in order to put a check to
such lawlessneSS.
To avoid possible legal complications
it has been decided that the death SEN
tence in the 'case of Private O'Neal
shall be executed within the walls of
the federal penitentiary at Fort Leav-
enworth. which is a civil institution
under the jurisdiction of the United
States department OF justice. This in
stitution is within the boundaries of the
military reservation. but is a distinct
and separate affair outside of the juris-
diction of the military establishment.
1t is said the the war department
that the state authorities have inter-
posed no objections to the proceedings
in this case so far and that there is no
prospect of anv conflict of authority be-
tween the officials of the government
and the state Of Kansas.
Carrie Nation. of Kansas, foe of rum,
hatchet-wielder. and smasher of whisky
receptacles, has gone higher than the
police court, where. several weeks ago,
she was fined 500 on a charge of de-
stroying private property at the Union
station, or rather. the saloon fixtures
of that place.
Mrs. Nation. who is now out on bond
pending the appeal taken by her attor-
ney. from Judge Mulloney's decision
against her. was notified today that
arguments on her appeal will be heard
in the district court of appeals on next
Tuesday.
Mr.. O'Brien, attorney for Mrs. Ma
ton, argued at the time Mrs. Nations
trial was before the police court that
the Washington Terminal company il
legally conducted the cafe and bar
which was the object of Carries wrath.
He sought to prove this by declaring
that according to the District regula-
tons a liquor license could not be
granted without the consent of a speci
fic percentage of those living within
certain radius of the establishment.
He said that no such consent had been
granted since there were no residents
living within the prescribed radius. It
is the first time the question has been
brought up in this manner in the local
courts, and the outcome of the action
is being looked forward to with inter-
est by lawyers of the national CAPT.
tai.
General Israel w. Stone of Lawrence.
Kan, is chairman of a committee on
arrangements for reception and BAN
quet~in honor of Samuel R. Van SAINT,
commander-in-chief of the Grand Army
of the Republic. The banquet will be
held at the Arlington hotel the evening
of February is at 1880 o'clock. 1t will
be under the auspices of the depart
ment of the Potomac g. A. R., of which
General Stone is a past commander.
The senate has confirmed the follow
ing presidential postmaster appoint
ments for Kansas: George T. Boone,
Chetopa; Mary A. Campbell Alton;
Thomas c. Wilson. Jetnore: Alvin NJ.
Blankeabeker. Buffalo; Thomas M.
Durland, Centralia Frank Harlow,
Kingman; John c. Petty. Strong.
Congressman Reeder presented in the
house petition of w. L Miller Lumber
company of Topeka. for the repeal of
the corporation tax; he also introduced
bills granting increased pensions to
Charles F. Reed. William H. Boyer,
George Klontz. Andrew Cle1land, Will
lam H. Thompson. H. R. Graham,
Charles E. Hubbard. and Joseph A.
McElroy.
Congressman Campbell presented a
petition of headquarters. post No. 243
department of Kansas G. A. r., against
placing statue of General Lee in
statuary hall of congress.