The monitor., 1928-01-20
WESLEY'S SENTENCE
COMMITTED TO LIFE
In STATE PRISON
State Board of Pardons Stipulates
That Omaha Negro Shall Re-
main in Penitentiary
For Life

Lincoln, Neb. = Sol Wesley, who
for more than five years has faced
death in the electric chair, now faces
life-life in the state penitentiary.
The state board of pardons Satur-
day commuted Wesley's death SEN
tence to life Imprisonment.
Clemency was granted Wesley,
who shot and killed Deerson during
the holdup of an Omaha grocery
store in 1928, because he was found
to be mentally incompetent. Three
state physicians told the board that
their examinations had convinced
them Wesley is a feeble-minded per-
son with the mental capacity of g.
year-old child.
No Parole
In the order granting the commu-
tation the board recommends "that
no further pardon, commutation or
parole ever be granted him.
The decision to grant the commu-
tation was reached by the board in
less than two hours after the hearing
held at the penitentiary.
'In granting this application" the
board says, 1--WE are doing so because
the record is overwhelmingly in favor
of the commutation. There are no
protests"
Had Hunch
Wesley, though he has been sullen
and unwilling to talk for several
years, must have had a hunch Satur-
day afternoon that he was on the
verge of escaping the chair.
He seemed even anxious to answer
all questions put to him by members
of the board. And once broad grin
spread over his dark countenance.
At all other times 1s however, except
when directly questioned, he sat
stopped far over, nervously clasping
and unclasping his hands. His face
was expressionless, but his blinking
eyes roved continually about the
room.
Governor Quizzes
In response to questions put to him
by Attorney General Spillman, Wes-
ley said he had been born in Okla
homa and that he had reached about
the third grade in school.
Answering questions regarding his
life in Omaha, he told the board that
he had worked in several packing
houses, receiving So day, and later
worked several months washing
dishes on a dining car.
Governor McMullen asked him if
he had quit the dining car job or had
been "fired." At that Sol grinned
profusely and answered, 81 quit"
Justice Goss Speaks
Supreme Justice Goss. told the
board that in his opinion too much
time had elapsed since Wesley was
first sentenced.
"It is now nearly five years since
the crime was committed" he said,
"and / believe it would leave a bad
taste in the mouths of the people of
the state to convict him now.
eff the law was such that the exc
cution could be carried out within
one year perhaps after the sentence,
I believe it would have the effect of
deterring others from committing
crimes" he said.
Mental Condition
Judge Goss pointed out that Wes-
ley's attorney had not brought out
any evidence to indicate the mental
condition of Wesley at the time of the
trial. He expressed the opinion that
if such evidence had been presented
at the trial, a death sentence would
not have been recommended by the
jury.
He also expressed the opinion that
the supreme court would have COM
muted the sentence if Wesley's men,
tai condition had been brought to its
attention.
He said he had learned, though not
authoritatively, that two of Wesley's
sisters, his father, and his grand
father had been insane or feeble.
minded.