The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-11-01
PLEADERS FOR
CONvICTS GET
SHARP REbUKE
M. E. Foley of Prison Board
Declares Correcting
Errors Not Purpose.
So RECEIVE CLEMENCY
Remainder of ITS Appli-
cantS for Release Turned
Down.

By United Press
MICHIGAN CITY, Ind. Nov. L.
Fifty-three men in Indiana state
prison here were given clemency to-
day by the pardon and parole board,
out Of ITS who had filed applica-
tions. Only two we're life termers.
Twenty-seven of the twenty-nine
men paroled a year ago were given
permanent discharges. Two viii re-
main on parole.
The quarterly meeting Thursday,
which lasted until nearly midnight,
was marked by a bitter speech Of
M. L. Foley, board member, in which
he denounced prosecutors and sher-
ifs who help convict a man and
then appear before the board adj
hitting they we're wrong in the
prosecution" The TRADE was pre-
cipitated in the case Of Nathan
Christner, La Grange county, who
is serving q life term for attacking
his 8-year-old daughter.
Declare He's Innocent
The sheriff who made the arrest,
the attorney who prosecuted him
and the doctor who made examina-
ton on which testimony Christner
was sentenced in 1923, appeared be-
fore the board for the second time
and declared Christner was not
guilty, but probably committed an
assault. It was brought out at the
trial that Christner had suffered
sunstroke several years ago and was
believed not mentally normal at
times.
Foley asserted the board was not
a body intended to rectify mistakes
made in courts, but to grant or
deny clemency, and that the board
must necessarily assume that courts
had weighed evidence and pro-
nounced just sentence.
Judges Opinion Recited
Christner'S case was continued
thirty days pending written word
from Judge Drake, who passed SEN
tence, that a mistake had or had
not been made. Judge Drake all
ready indicated he believed Christ
ner was wrongfully convicted.
One life-termer granted clemency
was John de Board, sentenced in
Daviess circuit court in January,
1907, for murder. Recommendation
to Governor Harry Leslie was that
he be given ninety-day temporary
parole and permanent discharge
at its conclusion If his behavior
warranted, and that he was not to
go to Vincennes, where he had had
trouble before. His release was
recommended by several leading
Vincennes citizens, the trial Judge
and prosecuting attorney.
The other life-prisoner released
was James Whittinger, sentenced
from Tippecanoe county in 1907 for
murder committed during a drunk
en- fight.
Marion County Man Free
A full parole was granted Claude
Ross, Marion county, with q state
ment that the board did not be-
lieve him guilty" Ross was sem
fenced in May, 1928, to FIVE to
twenty-one years for attacking l6-
year-old girl who, it has been
learned since, was in the habit Of
seducing men and getting them in
trouble. Trial Judge James A. Col
Inns said Ross was wrongfully con-
victed and the statement was con-
CURED in by Prosecutor Judson
Clark.
Ray Richie, sentenced in Marion
county, in 1925, to ten to twenty-one
years also was recommended for a
nlnety-day temporary parole with
expectation that it be made perna.
nent. With two other men he held
up a filling station in Indianapolis,
Judge Collins recommended the
sentence be committed to eighteen
months to twenty-one years,
Charles Damron, sentenced In
Warrick circuit court in June 1929.
to two to fourteen years for con-
spiracy, had his sentence committed
to one to fourteen years. He will be
eligible for parole In June.
Forty-six of the eighty-two men
who appeared personally before the
board Thursday night were granted
paroles.