Show I TA MENT MADE MADi BY OARD Of DF PARDONS Acts of o Clemency Since January 1 1909 in But Bui of the Cases Considered BY ALBERT R H BARNES Attorney General of Utah and aud Clerk of State Board of Pardons N VIEW of ot the tho publications pu I IN I I appearing in iu one une 0 ot of th the meal pa paper paI I per pars of ot this Ihl city crIticising the I board of in clemency elt te ta non rs during I the he terms terras t of ot O of office 0 floe fice n of S r J t the tb re ft e td rEI tw Ir IrI I 4 er 5 tl 8 ute the pardoning board is ts a Q moed royo ed edof of the ih Governor the three thre members rs of ot the supreme court and nd the he lio attorney general A A majority of them em Ing the Ute Governor O may remit f fles tes commute antI and graIt rant ir r dona dons after atter convictions under such con oon conditions n limitations and Ind restrictions r aa as they Y may ma proper The rite board up upon upon upI I on fl a concurrence of ot all members and upon the recommendation of o the war warden warden warden den may mar also parole prisoner The nae statute expressly provides that the granting of paroles may ma be based alone upon apen the record and character of the prisoner e In Th lh The statute farther requires that pub published notice of thirty days be given of o all aU hearings of ot the board Such notices were given givon in every instance Special S ipe taI IJ notices in I writing were vere also given to too the he judges who tried the Ute case caRe and to the prosecuting pro officers with witha a request for tor their recommendations either for tor or tile the tk application and their reasons The hear before tore the board id were public and conducted in open Olen session sessI t J Any one was waa w privileged ged to appear before the hoard board In opposition or 01 in support of or ort the t e Every yel prisoner r has haJJ haJJe the e constitutional and aDd statutory right to file rUe a 3 written before the board for clemency el of Cane Casca During the term terrp of o office of ot Gov Guy Governor GovI I I Spry cases c s for tor clemency cl ci mency have been heard Rach Each ease calle received the careful attention and consideration of ot the entire board and whatever action was taken was wan aM the result In every In Instance Instance stance of 0 a majority and with but few tew exception theo the unanimous opinion opinIon ion of f aU all the members of tile board I Out Jut of the th 40 cases hoard h and on c n nI I on 00 Page Seren I STATEMENT MADE i iBY BY PARDON BOARD COL Co from Inge I uzi Onel Ie Governor Goe or spry terra term N 4 have been blen acted upon fa fave Ie of oI rioter either Mner by the tile sen sent ve the uie or pardon 1 t tresa The reason for which the Ole i tag bell Minted ted oleman r In such oas eases s ser er o 0 or public record No a cy wn ma mad of such euch action by any Ise at the tilt tiu It U was S ii vever there theN has boa b been n W d t I the tUe world that I board i ar Governor o pf of uffie has hall pardoned par or pa Or com eom 69 9 In Ins s uh i the re reason n tOI foi which such uch action was waa wast er 1 en ea wr r i II oat t I published or 01 made t it II i in io feet has baa been declared pat il the huard in all U such auch oases ae cl Nerl irr rh or lIr r unwisely While no at 1 mP t m la teen fen l made to toward the i mi C ae nor was ward board wardt r in aS particular eaM nor wa was It II b t that he the board In any aDY case e ead Insufficient facts laeta evi evl evidence ad semi d or dance dence d nc yd i it II i ln in f ct has baa been de declared elated dared tl that at during Governor Spry urn term of office no ao clemency at all ail ought ti tl to hoar have b bran t n shown rr nr granted ted in any aD CM case C 8 com me before the beard board Mast the To publish to the world that during durin tin the last tw months month and aad since ainee G onnor vernor TD r Spry pry has hall been hee governor r of ofIn the In state clemency haa has been l shown bown in III tl 54 4 r q ea rases does doea not Dot o any aRY anything thin thing The h pertinent ques oa is la s Has lia surf Iud action al ion In such uch cases cane been bee taken or unwisely To 10 fairly and inn determine that one ORe must kaolA tuU at the facts ct and en r r of each particular ease cae HS ea made madet t to appear before the board bard In effect the th of the board halt baa been Deen crid criticised I Iid id ei d and nd condemned in fn all eases cafes place t 1 Governor Spry has haa been n governor where any kind of favorable action for rl ha has bas been granted by the bard buard Ken ven n through in hi the 64 IH cases cue acted 1 upon favorably by the board it t ii uld he be b led that the board hoard may ma mahave have erred on the side aWe of mercy in one oner or r several instances installer yet It l u fa t trous roue lUll anti absurd to assume um as all Is 18 Isu Ib tie u cast u in such that thai the board 1101 noi only erred but also ablo acted improperly rIY wr r unwisely In to all of af them 1 trouble Is I those shone ao se considering the of the board and charging its members with improper conduct have I 1 tw i ou knowledge concerning the tho tb transactions t In of which complaint la is I made and anda a aT al 4 not even fair enough to publish pubU h to toine toI ine I readers the reasons and grounds appearing of record and upon which was wall granted Twenty Serve Sn Terms Term out of the U i cases where were clemency was shown 41 of them were weN pardoned Hut But ut of such sueh number t 1 of them had bad either fully served their terms of sen son tent e or their sentence was about to too o tare expire when w hen the pardon was granted 1 were wen pardoned because of great grat r Physical infirmities One was as a youth who had lived In New York He left lett tome home and came west we t lie He worked for tor several months for tor a II man residing in Ogden Oden One night he stole a II horse from fromi his employer He was apprehended i Pleaded guilty to grand larceny and anda was a sentenced for tor a term of three yews years y rs At Al the time of his commitment he be was suffering from a II severe seere case of sore pre eyes After serving a few tew months montu it ii was waa made to appear by b the attending physician at the penitentiary and atul by br one of or the most competent of Salt Lake City that if the young man was compelled tr ID serve his lull full time UmP the ravishing nature of the disease unless checked would totally destroy his eyesight that proper treat treatment treatment treatment ment could not be given him at the penitentiary and if he was taken token to a Hospital or Infirmary and placed in the hands hand of skillful oculists the disease in all 11 probability could be checked and the boys sight saved His record was wan as looked look up and it was found that the offense for which he be was serving sen sentence tenee tence was wu hb hits first offense tense of Ills His em employer employer appeared before the board and urged his bi release ills His folks in the east I offered and furnished money to pay paO his hill fare to New w York The board pardoned him and aad he was wa sent on to New York He lie Is I now In an infirmary in New ew York and is receiving proper treat treatment treatment ment Tubercular Prisoner The other war wap w a II prisoner suffering from frem tuberculosis In the first stage This hia was clearly made to appear by the attending physicians The prison rH ts folk folks residing in California re requested requested quested his hia release in order that he might be taken to that state where it was thought on account of a more favorable the prisoner might ml ht recover It was w made to appear ap ear that if it he be were kept ept confined in the peni pent penitentiary penitentiary he would likely not n t live to serve out his hie term of ot sentence and the theother theother other prisoners might contract the dill dis disease ease The board pardoned him and he lie was waa taken takeR to California by his friends Certainly no objection can be urged for fair pardoning one who had bad served his full fuir t tn and bad gone Ione forth and proven himself worthy of It nor one who had served his hi term within a few days day aYL aYLIn t tIn In six oUter other oases eases where prisoners were pardoned par it was wan made to appear by a transcript of the record or by bO bythe bOth bythe the th prose officers thin that much doubt exi ted as to the guilt of the prisoners In one Instance ln of such sueh I ease cases It was wan made to appear that the prisoner was WIY charged with the Ule crime of ef adultery Upon a preliminary hearing of such offense it was made to appear that there was wan no evidence whatever showing the commission lon of such an of tense thereupon th tit committing mag malto magistrate magistrate istrate found him lIm guilty g of assault and nd batten battery and sentenced him to the coun county county ty Jail jan It was ryas conceded by bO the com corn committing muting magistrate and by b the prose prosecuting pro prosecuting e officers officer that there was no evi etl evidence dence denee showing an assault nd battery had bad been committed but believing that the defendant ought to have bave some pun punishment I in 18 the premises the magis magle magistrate ma liI found him bim guilty of a misdemeanor meaner meanor and sal sentenced him to Jail Good Shoran In the remaining eleven cases where pardons were granted good goad grounds were also made to appear Neither time nor space permits a re review review review view of all aU ds of them Some Seine of them however may ma be illustrated by b the fol lowing A young oung man less than 19 years of age was convicted of attempted burglary burglar and was sentenced for a period of ten years He lie and another a aman 1 aman man of mature years who is now serving ing tine time In the penitentiary had at attempted attempted attempted tempted to break and enter a dwelling house His record re rd was looked up and It was made to appear that that was washie his hie first offense After he served a sentence equivalent to six years he was pardoned At the time of his par pardon pardon pardon don Ms his uncle was engaged In busi busl business ness nees in Salt Lake La City The boy bo came from a a good family tamU living in Texas Any An one seeing se ng the boy could readily tell teU that he was not a criminal It was conclusively shown that the boy had learned his lesson and that If re released released leased would make a good citizen Aft After After After er his release he went to his home in Texas and is now there employed and living a good life Miscarriage of Jus Justice I Ice Three boys the oldest nineteen years ears of age living with their parents In j Emery mery county on a Sunday entered a saloon at the back hack door or window and took some cigars and aAd liquor They h y were arrested arre ted and convicted of bur burglary burglary glary The boys b ys came of the very ver beat hest of ot parents It was shown beyond all alt doubt that the act committed amounted to nothing more than petit larceny and a 1 that they should never have been sent to the penitentiary It was shown that thata a certain saloon was waa being run without a license and anti that men had been in the habit of visiting the saloon through the back door helping themselves to a bot bottle bottle bottle tle of Leer eer or whiskey leaving the money for it or the next day oJay paying the barkeeper The Th boys boya did the same They did not leave the money They afterwards however offered to pay pa for forthe forthe forthe the goods taken by them but their of fer was refused because they were minors The habit of or thus visiting the saloon upon Sunday became known and much complaint was made of it iL A complaint was ryas sworn to charging the boys 00 with burglar burglary They admitted en entering entering the house and the taking of the rte goods goody They were not represented by hy counsel They plead guilty guilt to the tho charge and were sentenced s to the pent peni penitentiary Nearly Nearl all aU of Emery county the Judge who ho sentenced them and the prosecuting pro attorney who prosecuted the case petitioned the board and asked askell that the boys boy be pardoned They were pardoned pardon In another case calle a married man out of employment with ith Ills hill wife and a d children hungry and nothing to eat broke into a meat shop or slaughter slaughterhouse slaughterhouse slaughterhouse house stole some meat took it home and gave it to his family who cooked and ate It It Another an at a warehouse after working hours en entered entered entered the house through a window and anil took several bottles of ot beer Both Boh these e emen men were charged with and convicted of at burglary It was shown th t they the were not criminals and In each case the y complaining witnesses and Injured pare pa ties asked for fot their release Forges Korce Employers Name Xante In Utah county count the prisoner forged his employers name to a check for tor five fhe dollars He was arrested for forgery and pleaded guilty to the charge The facts surrounding the commission of at atthe the offense were that a collector called at the prisoners house and demanded deman ed payment of a bill blU of 5 which the pris prisoner prisoner oner owed for the purchase of a stove and threatened to take the stove away unless the bill blU was paid that night The e prisoner went up town to find his em employer employer employer and falling failing in that he went to toa toa toa a drug store where he be was known and anddrew anddrew anddrew drew a check for 5 signing his em ens employers name to the check and pre presented presented presented it to a drug clerk and received St i 5 which he handed to the collector Before the prisoner saw his employer the next day the check was presented to I the bank and dishonored and the pris prise prisoner prisoner oner otter arrested He admitted signing his Ills employers name without authority and aOn pleaded guilty to the charge The court couri gave him the minimum sentence ml 1 afterwards the prosecuting attorney asked for his hla pardon In some cases prisoners were paroled parolee and later pardoned just before or after atter their term had expired Some were paroled and not pardoned The law forbids a parole of a prisoner until he has served a minimum term provided by law for the crime for which he was convicted Paroles were granted to those only who served such a sentence and when It was made to appear that they the were men of previous good char character character character acter and a showing made that they would woul 1 lead good lives lIes In the future It Itis ItIs Itis is generally known that every ever person who commits a crime Is IB not necessarily i ily a vicious or bad man or a criminal at at heart There are many cases having hav having havIng ing mitigating and ond extenuating cir eh circumstances circumstances Everybody knows that It has been tean the policy of oC the board upon I approbations applications for clemency to ascertain and determine those who are real criminals crim criminals and those are not and paro s shave have hae been granted only on i to the tile latter and not the former cases In some cases of parole the prisoner as a con condition of the parole was to required o to turn his earnings over oer er to his wife t tn or r parents who were shown to be In ip great n need runts of h his sow support Sentences nc a Commuted Of ot the entire 64 Gt who received clem clemency ency enly there were 22 whose sentences were commuted from a few days das It h In some instances to several years ears In others In 10 11 cases eases the sentences were shortened for the reason Teason that those imposed by b the trial courts were clearly excessive In most of such Ilich cases the thelong thelong thelong long sentences were given ghen because the trial Judge and the prosecuting officers |