| Show PARDON HEARS APPE APPEALS lS FOR CLEMENCY Sensational Facts Develop in Case of Lorin Devers Dover's Case Considered Case Considered W to Be Heard Proximity of or Christmas led to hopes of nearly inmates of the Utah state prison that the the holiday holiday spirit It move mon the board of ot pardons pardons pardons par par- dons to special leniency In considerIng considering considering consid consid- ering the petitions for clemency when It convened today for the regular regular regular reg reg- ular quarterly meeting in the board boardroom boardroom boardroom room at the tho prison Justices Weber and Frick were not in attendance and the abbreviated board listened to the appeals ot of counsel friends and relations of ot the appellants with no deviation from the established custom cus cus- tom torn of ot hearing bearIng whatever Is to be said and then deferring action until the executive session when others than board members aro are excluded from the deliberations Governor Mabey labe said that action tin the formal format application of Omer Orner 71 in Woods wife murderer condemned condemned condemned con con- to die January 18 seeking a special hearing before the board would be determined In an executive executive tive session discussion Among the sensational cases brought before the board early In Inthe Inthe inthe the session were those of ot Frank Devers Devers Dev Dev- ers one of ot the ba bank k robbers who has served more than four years of an tence on which a recommendation ot of twenty of twenty years ImprIsonment was was made by the committing judge Harry M. M Pierce youthful l embezzler of who has ben in the prison just seVen months Charles McKeller McKeller Mc- Mc Keller serving an Indeterminate sentence for manslaughter in connection connection connection con con- with a slaying In western Boxelder county in the fall of 1921 Jean Foy Fey one of the bandit paid that staged the sensational Skaggs' Skaggs market holdup on Main street two years ago S. S W. W Ross noss former clerk clerkIn In the state lan land commissioners commissioner's of office ot- ot lice fice serving since April last ast for the embezzlement of ot approximately of ot state funds and Steve serving sin since e December 1920 on a voluntary manslaughter conviction In connection with the pick-ax pick slaying of ot a countryman at Bingham These cases were all de deferred deferred deferred de- de for executive session consideration con con- TWO ARE PARDONED Lorin represented by Attorney Attorney At At- torney E. E R. R CalUster Callister and George S. S Shaw were the tho only applicants to receive an Imme Immediate lIate beneficence from the board when their sentences were vere ordered terminated Shaw convicted con con- con I Jn In n Weber county more than two years ago for a statutory of offense offense offense of- of has been on parole since August August Au Au- August gust 1922 case was somewhat differ differ- ent He lIe was not ot among the regular applicants for consideration at thi this sitting of ot the board a petition by him having be been n continued at the thelast thelast thelast last session o of that body in Septem Septem- ber bor Attorney Ulster Callister appeared In his behalf and persuaded the board to move a rehearing and then unanimously unanimously vote for termination pleaded plead d guilty to a charge of failure to provide and was sentenced sen aen- n- n to an indeterminate term with the judges judge's recommendation that he serve not riot more than six months That was nine months ago Attorney Callister ulster pointed out that tha the charge under which was committed could not have been es established established established es- es In court had the defendant defend defend- ant fought the case The history as given to the board was wa-s that and his wife had not got along very well Three years ago went to Los Angeles to study den den- His wife secured a position position post post- tion as school teacher a at Escalante Utah In California married an another another another an- an other woman Because of this his wife here brought tho the failure to provide provide provide pro pro- vide charge although herself and children were not destitute her salary being in excess of a month Attorney Callister contend contend- ed lIe Ho pointed out that if was to be he punished for bigamy ho he should be charged with that of offense offense of- of but that in no case should he hebo hebo hebo bo held longer on the failure to provide charge In response t to a query from Justice Justice Justice Jus Jus- tice Gideon as to how the California woman felt about it Callister told the board that she did not wish to Prosecute ana nc Old aid not feel he had committed any crime however he explained Continued on page 8 8 PARDON BOARD Continued from page page 1 1 would forsake No 2 2 take up den and support his family if re released released re- re leased PLEA FOR PIERCE Counsel appearing to for Harry M. M Pierce set forth that the prisoner now only 24 years ears old old had following following fol tol- fol- fol lowing discharge from the army become identified with Ith the Western Vestern States Life Insurance company and was sent here from San Francisco to take charge of ot the local branch That his accounts were not audited until the defalcation was suspected was taken by counsel to be bo a n mitigating mitigating miti miti- gating circumstances on the inference Inference inference infer Infer- j ence that tho boy had no reason to believe a n. search of ot his books would be ie made until he had haq had opportunity ity to replace the to which he helped himself As to the prisoners prisoner's character counsel insisted he was not a crim crim- inal Why his office was on the same floor as mine I know he was not a criminal counsel declared Another attorney vouching for Pierces character remarked My l office is on that floor too and I alwa always always' s liked the bo boy Vh Why he I often ate at the tho same restaurant as r. r COUNSEL STRIKES STRIKES' SNAG Oscar W. W V. V Carlson appearing as counsel for Fra k Devers laid out an elaborate set of ot affidavits and letters In behalf of ot his client and seemed to be making malting considerable I progress when he tripped over the theman's thenan's mans nan's prison record and retired from rom the room while the board oard de deferred deferred deterred de- de action for executive discussion discus discus- sion Devers was was was' one of ot the quartet quartet quartet tet who in the summer of ot 1919 staged one of ot the boldest robberies In n state annals when they walked Into nto the Mendenhall bank at le with drawn revolvers forced the c cashier Into his vault and eloped with several thousands of dollars in money and bonds Attorney r Carlson read affidavits to o show that Devers was raised an orphan came west for tor his health fell feU into bad company and went I wrong His assistance in clearing up the robbery details and recovering recovering ering the stolen I funds a great help to the state after lief he hemd II and md two of at his companions had been jeen arrested and returned here tram from rom Le Grande Ore following a a. nationwide nationwide hunt Because of ot Devers Devers' Devers Dev Dev- ers ers ers' defection his his' companions in crime pleaded guilty and this fact counsel maintained should carry weight with the tho board Also the fact tact that the ringleader of ot the gang made good his esc escape pe and has gone unpunished was pointed out by counsel SISTER OFFERS HOME Then h he read a letter latter from the defendants defendant's sister Mrs Irene Scho- Scho o of Los Angeles offering her wayward brother a home should he be turned loose This brought a remark from one of at the board that this sister r had been with the tho robber crew had aided in the escape and did not come to trial b because cause It could not be proven that they were actually Implicated in the robbery rob rob- bery This remark precipitated a discussion dis dis- discussion is- is which brought out that DeVera Devers' Devers Devers' Devers De De- De- De vers' vers companions convicted with I him have an additional fifteen years to serve following completion of the twenty years each r received for forthe he the robbery This additional sentence sentence sentence sen sen- tence resulted from their engaging In an attempted jailbreak Devers it was admitted had nothIng nothing nothing noth noth- ing to do with this but he had made Independent plans for escapIng escaping escaping ing from prison had woven rope ladders for tor this purpose an ant I had been in soll solitary ary confinement con following following following fol fol- fol- fol lowing discovery of at his plans On questioning by the board Warden Varden Devine admitted that Devers had b been en a a. fairly tractable prisoner for forthe forthe or orthe the past eight months or one one but said He has been locked up most of ot the time Because of familiarity y of ot the thebo bo board rd with the cases of ot Steve Ra- Ra dich and Charles McKellar there was not much discussion of ot the killings prior to the boar boards board's s 's motion motion motion mo mo- mo- mo tion to take up action in n executive session APPEAL EAL FOR ROSS In the h case of ot S. S W. W Ross a sympathetic sym sym- pathetic appeal was made based on lids his returning to the state of at what amounts had been established as ns taken aken by him in embezzlements lastIng lasting last- last Ing ng over oyer a considerable period Mrs Jean Foy Fay 22 22 appeared be before before be- be fore rare the board in behalf of her hr husband who with one Frank Gleason Gleason Gleason Glea- Glea son unknown staged the he sensational sensational sensa- sensa ional Skaggs robbery on Main street treet two years ago The Foys had been ben married two years ears before the holdup and have hare havene t told d how her one one ne child Mrs Foy husband had met Gleason in Ogden and gone gone on a drunk during which he and Gleason Glason walked into the he Skaggs store near Postoffice o place lace at closing time and walked out iut wl with h He Fie brought 2000 home with him and told my father that he had old some mining stock The next morning he told me about the robbery rob rob- berg jery and about half halt a an hour later he ie was arrested she said I That Foy FaY had taken aken part of at his share hare of at the robbery proceeds and visited a roadhouse was brought out Mrs l Foy Fay was was- asked for tor de- de tails tails ails I I 1 never went into that I didn't want to know anything about I that tha ha and never asked Jean about It It she said to t Among th the other cases t tup to come during this session is that of ot up convicted for I complicity In the slaying o of Ch Charles I It A. A Faus at the family's ran residence I. I i during an holdup on February Feb Feb- t uary 3 3 1922 which d developed developed I one of ot of the he most most sensational trials In n the annals of homicide in the I I IVest 1 Vest West t. t i I 1 |
