Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-06-27

I asked Mr.. b. A. Cox, secretary of
the pardon board, IL there was any
thing else the board had besides these
, psstie :, rsp act on; / RECEIVED fa,, 1.-THE the EN-,
there. as / sat in the governors office
with these letters lying before me.
that there must have been something
back of these letters or they never
would have appeared before the par
don board./ After my return to Grand
Forks made a very careful investi-
cation and discovered that these let
ters never would have been written If
it had not been for the following let
ter written to Mr.. Mike Fishman by
Judge Englert, for some otthese men
who wrote these letters told MIR. Fish
man before he presented to them
Judge Englert's letter, hat it was fol-
~ for him to do anything in regard to
the boys pardon until he had served
at least a year Of his prescribed Sen
tence. When Mr.. Fishman presented
this letter of Judge Englert's to the
parties solicited to write in young
Fshman's behalf. it changed ,the en-
tire setting OF the scene. They one
and all said to Mr.. Ftshman, in sub
stance: IF this is the way the Judge
feels in the case we are perfectly will
ing to write in your sons behalf" The
A9 Us AOlIowSs N
IN. J. Engiert, Attorney and Counsel
orr Valley City, N. D. ,
"Mr. Mike Fishman, Grand Forks,
W. D.
my Dear Mr.. Fshman:
II am out Of official paper and
consequently I am writing this letter
on my former business l~etterheads.
Lately i have received a great
many letters and some petitions on be
half of your son, William Ffshman
~ do anything for you son consist.
ent with my duty. but I cannot see
my way clear to suspend you sons
sentence. In the first place. the law
does not permit me to do that at this
stage of the proceedings, and in the
second place it would be entirely un-
fair to all of the others convicted or
the same evidence and in the >same
term of court.
II have said and I say again thai
III have absolutely no feeling against
William. and if he will take his med.
icine like a man and start"serving his
time ne can at once make application
to the board for a pardon. and I will
be only too glad to recommend to the
board that he be %pardoned. The board
always follows the recommendation OF
the presiding Judge.
Il suppose that you have thought
that since l imposed a severe penalty
on William hat I have it in for him
In this you are entirely mistaken.
have nothing in the world against
him. 1 was actuated at the time OF
pronouncing sentence by this thought:
Since William was a prominent young
man Of prominent and well to do and
respected parents, by imposing a Sc
we're sentence on a young man. like
that 1t would have a deterring effect
upon like offenders or those that
would commit like toffenses in the
community. felt at hat time that
William should not serve any longer
than any OF the other boys. and ]
should gladly see to it that he does
not. The other boys hat followed
the advice of the court are now be
ing released by the board. Had VIII
liam done the same he would now also
have his pardon.
With best wishes and kindest re-
CARDS. l am, yours very sincerely,
M. j. Englert."
/ 1t was this letter also that got
young Fishman to give up his appeal
to the supreme court, make a hurried
trip to Bismarck and to try to get
into the penitentiary without the
necessary commitmen papers. Young
Fishman entered the ~penitentiary on
the 9Th day of May. On the 18th day
of May. to show you how uninterested
Judge Englert was in his affairs. hi
wrote the following letter to Mr.. Fish.
man: So $@ !,
District Court Chambefs. NJ. j. Eng
lert, Judge, Valley City. n. ID.
Valley City. y. Oak,
May II. 1922.
"Mr. VIM. Fishman. Bismarck, Nd
Dear MFR. Fishman:
81 was quite surprised to hear from
YOU from, Bismarck. I think you vii
find in the end that you have taken
the right course. 7 am awfully glad
to- hear hat YOU are sorry for what
| you did and hat you will from now
on be law-abiding. I'realize that this
was your first offense.
When the board meets I shall put