Evening journal., 1914-12-15
Webster MAY Get
Liberty ON THREE
YEARS. PROBATION
Pardon Board Adopts New
Method in Recommending
Prisoners Freedom
LEAVE QUESTION UP
TO GOVERNOR miller
Special to THE EVENING JOURNAL

Special to THE EVENING JOURNAL.
DOVER, Del. Dec. l5-An adjourned
session OF the State Board of Pardons
was held here today TO consider the APP
plication for a pardon for Arthur q.
Webster, burglar, who. escaping 20
years ago from New Castle Jail, was
committed recently to the New Castle
county workhouse. TO serve out his sen.
tence. He served sentence for burglary
in Rhode Island after escaping from
New Castle Jail Many influential
Rhode Island residents, including the
Governor of that State, urged his par
don from the workhousc.
Chancellor Charles NJ. Curtis. meme
ber OF the Board of. pardons today sub
mitted paper for the consideration OF
the board, a. to conditional pardon for
Webster leaving the matter with Gov
ernor Miller az to whether he would
grant conditional pardon, requiring
three years good behavior for Webster.
In presenting the paper Chancellor Cur
It's had this to say:
For several years ! have been con-
sidering whether conditional pardons
could be validly granted and eifectu-
ally enforced in Delaware. and also
whether it is wise to use such a form
of Executive clemency. After exam
ming the law carefully / am con-
vinced that under a general power
to grant pardOns, such as the Gov
ernor of Delaware has. a pardon may
be granted with any reasonable con-
dition attached to IT, and further,
that if such condition be broken the
Governor may by a warrant effect Il
recapture of the prisoner anywhere in
the United States and cause him to
be recommitted to serve the balance
OF his sentence as though never
pardoned. Such condition must be
reasonable and possible of perform
ance. and the person pardoned may
be required to live as a law-abidine
citizen for a prescribed period The
pardon recommended blythe BOurd Il
! the Governor for Webster will be
valid and effective If the Governor
adopts the recommendation
II am also convinced that in this
case IL is wise to use this form OF par
don. for even though the good people
of Rhode Island are correct in the es-
innate of the reformation OF Webster,
and I believe they are. still Il will tend
to steady him for three years of his
liberty.
Besides his sponsor. noble and ca
pable woman. has promised to keep
the Governor advised concerning the
development of Webster, and I am
sure she will do so.
"In my opinion, a broader and fuller
use may well be made of this power
to grant conditional pardon and the
prison authorities might consider Il
worth while to recommend to the
Board of Pardons. cases OF such pris-
oners as are worthy to be trusted with
liberty conditioned on good behavior
To go further if a State probation Of
ficer were provided, his business
would be TO receive reports. Humani-
zation Of prisoners is no longer an ex-
pertinent"
After the chancellor had concluded
his remarks, on motion, properly sec
onded. the recommendation 10 the
governor was adopted by vote OF
four to one. Lieutenant Governor Fer
guson Chancellor Curtis, State Aud
itor Prettyman and Secretary of State
Miller voting for the adoption and
State Treasurer Hastings voting "no." 4"
Secretary of State Miller advocated
an unconditional pardon. The action
OF the board today establishes a pre-
cedent in this State.
In event of the Governor not favor
ing a conditional pardon. the Board
recommends a full pardon for Web
ster. The Board expresses a belief
that Webster has reformed, and
recommends that he be releaaed on
three years probation. on condition
that he not be convicted in that time
anywhere OF a crime hereafter COM
mitted; and If he violates that con-
dition he can be rearrestcd and re-
turned to Delaware TO serve the nine
years and four months sentences now
hanging over him.
He was convicted in September.
1896. for rObbing John II Banning's
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