Evening journal., 1914-12-15
Webster MAY GET
Liberty ON Three
YEARS. PROBATION
Continued from Page ~

"We the undorslgnoD, members of the
Bonrd of paulons of the State of Dca-
ware. after full hearing of the apppli-
cation for the pardon of Arthur q. Web
ster find that he was convicted at the
September term. A. ID. 1896. of the
Court of General Sessions. ia and for
New Castle county, of breaking and en-
tcring the house oi John H. Banning.
in the city of Wilmington. with intent
10 commit larceny. aud on September
2j lS06. was sentenced to forty ashes,
one hour IN the pillorv aud five years
imprisonment After receiving the cor
roral punishment and serving cights
months imprisonment In the iui at New
CASTLE. hc escaped thereirom IN 1851,
about two years later. ne was com
victed la Rhode Island of breaking and
entering q railway ear barn with intent
To commit larceny. and sentenced there
10 twenty five years imprisonment
After having served sixteen ycaSs
of that sentence there he was l.ardon-
cd In 1913 by the governor of Rhode
Island on the recommendation of the
Senate of the Legislature OF Rhode
Island From Rhode Island he was
taken in 1913 TO Missouri and tried
on charge of burglary and murder
In connection with Il. committed in
1897. but was acquitted. On July 6,
1914, he was brought here 10 Della
ware without roquisiiion to serve the
balance OF his term Of five years. to
which he was sentenced in 1896. and
also pleaded guilty 10 an indictment
for escaping and was sentenced on
September 23. 1914 to FIVE months
Imprisonment in addition 10 the ball
ance Of the orginial sentence He
has about four years and nine
months to serve, subject 10 de-
ductions. for good behavior Webster
Is now thirty-eight years of age and
for the last sixteen years has been I'm
jail. When the burglary was commit
ted i'm Delaware. eighteen years ago.
he was just about twenty years old
and was only twenty-five years old
when he broke the law in Rhode Is
land
Earnest and forciblc letters in bchalr
of Webster were received bv tho Board
of pardons from the Governor of Rhode
Island, from five members of the Sen
ate Committee ON pardons of the Gcn-
cral Assembly of Rhode Island. from ihc
warden of the State Prison deputy war.
den and chaplain, from a member of The
state Board OF Charities aud Correction
aud from several prominent citiycn- oi
that State. nll of whom spoke from rcr.
sonal observation aud knowledge oi him
In addition, Mrs Mary s. Brown oi
/ Providence. Rhode Island. q noble mmd
( ed woman. who philanthropically visita
| the prison Go help prisoners. came before
the board aud convincingly testified to
] fact. respecting Webster. Frank H.
/ Chester. manufacturer of sporting
goods iu Providence has offered Web
sire employment
From These reliable sources Of in
formation aud based on the representa-
tions of these responsible aud worill
people, who have had opporimitics e
observe and know him. We believe tha'
there is substantial evidence that Web
strr's moral character has been rc
formed. aud that be intends TO lead ar
upright life hereafter and rs, therefore
iit TO be -ct at liberty.
I'VE are convinced then, that n,
should be given freedom. But W,
consider that his freedom should hs
given upon condition that for thro,
years he so conduct himself as a free
man as TO merit the confidence re.
posed in him, and in case he be con
victcd of a crime during that period
that then he shall be subject 10 ar
rest and confinement here TO serve
the balance of his two sentences This
probationary term will tend "a
strengthen him in his good inten-
tions.
After a careful consideration OF
the law, we arc advised that IL Is
a settled and woll-establishcd rule Ol
the common law independent of amy
statute. that under the general power
TO grant pardons the executive may
| grant conditional pardon. which, Il
actually accepted by the prisoner. as
all pardons must be effective. is bind.
ing on the prisoner, and If he fails
to comply with the condition of the
pardon It is altogether void and the
prisoner may then be brought back
to prison TO serve his original sen
tence. Such conditions must be rea-
sonable and possible of performance
The subsequent conviction Of a
crime may be stated as a condition
which will invalidate the pardon. ANY
reasonable and lawful remedy for
breach of the condition may be insert
ed in the pardon. such as summary
arrest by order of the executive and
recommitment. and such a provision
has been held by the courts elsewhere
10 be binding on the prisoner, and the
decision of the executive on the ques-
tions of the breach held TO be conclu.
sive
This proceeding is novel in Della
ware. though used elsewhere and free
~. It is believed. We consider It a val
liable agency TO be used In rightly ex
ercising the power Of executive elem
ency. and respectfully commend II e
your consideration generally, and II
this particular case.
Therefore, because We believe tina
the moral character of Arthur c. Wei
stor has been reformed. and that he
worthy TO be given liberty from impris
T, onmcnt by a pardon, and because W
believe that a term of probation 10
three years would strengthen him in HI
efforts to lead an upright, honest Iii
hereafter. we respectfully recommen
, that ho be granted a pardon, upon Oh
, following conditions. to be stated in th
4 instrument granting the pardon, Wis
"That for the period of three year
hereafter he shall not be convicted any
where of a crime hereafter committed
, and that in case of a violation Of IN
above condition he may be arreste
n upon warrant TO be issued BY the Go,
n crnor Of the State of Delaware then i
! office, and pursuant to thai warrant d
. recommittcd and confined for the ur
n served portions of the terms of the tw
7. sentences heretofore imnose1 ON him h