Show IAL JUDGE J GE WILL INTERCEDE I. I FOR D DYES DYE ILL URGE JP PARDON ARDON BOARD 1 TO ACT t i- i sentencing Convicted Man i Loofbourow Says He Will i. i Make Recommendation for forI fori I t i Clemency i M M. Dye son On of or Judge Dye Dyo of Pueblo Cob Colo convicted of ot tho the 1 er of or Joseph Rainbow on the night of t November 28 26 may escape the hand cf f the executioner Ho He appeared before bOrOTO Judge frodge F. F 0 O. Loofbourow this morning aM was wu I to be shot Follow- Follow this action which was wa the tho only open to the court in view of ot tho the al 1 stat status of ot the case Judge Loot Loof row declared that ho would imme imme- ti recommend to the board of par- par tt done no that the tho sentence bo be commuted to toUte Ute life imprisonment In view of ot the fact that thit th the case cau was waa tried before tore Judge fLo Loofbourow it is believed that his recommendations reeo roe rec o will have a material weight with tho the state board Judge Loofbourow set et May 7 as aa the Y date for Dyes Dye's execution After having studied your case caBO thors thor thor- s OU said Mid tho the Judge after atter ho he bad had dia- dia hoM of or tile tho sentence a a. matter of ot form tonne t i have ha decided Mr Jr Dye Dro to toro to ro recommend te board boid or pardons that the Sentence which you ou have he heard rd Just now nov be commuted to life liCe imprisonment I have o no hesitancy In doing wo 0 o. o i After tho Import of ot th the Judges Judge's words were vere realized In the tho hushed courtroom there was WIlS a great ireat rustle Dye stammered d da a a. sort ort of ot thanks and hi his face rigid rom from the mental torment after he Ic had an- an ln that ho he elected to bo be shot ot rather father han hanged brightened Into a nervous OUS of ot relief file Ho Ie Thanks Friends K 4 He turned to TIlE THE TELEGRAM I reporter report report- ler er and fervently spoke words word of gratitude for tor all of ot thone who he ho said wished him the advantage of ju justice Uce lIe Ho became al almot almost al- al mot most dramatic for tor the thc first time the beginning of his trial and his hia long InI In- In I In tho the county Jail Ho talked at length th of ot his his lila hopes am and hia f fears cars F He lie wild said that ho he holds no grio ance against the officers of tho court whoso whose duty Il was wu to prosecute him Nor hall ban he any ill lii thought for the tho jurors Juror who found him guilty upon th the the- circumstantial evidence ence He lie said uld that ho he bell believes cs fato fata has 1 gathered about him an unfortunate web webS in which ho he finds his activities hampered b by Ii But Dut a rn ray of ot hope has been born anew Where there Is life lito there thore is hopa hops he said earnestly and quietly after ha haVIng haing lug been led back to his cell I do not anticipate an an- that I will serve a a. very nry long terraIn term terra In fact tact I am sure ure that tho the board of oC pardons pardons parr par- par r dons will vIIi parole me It If It does not actually f I i pardon me outright For Burel surely merciful Justice will reward me for m my suffering 1 I 1 1 am innocent I have tell felt right along somewhere some da day someone someone some some- on one would come to my al aid 1 It has been I more more than a premonition It ha has ban been 1 n 1 strong conviction To TIlE TELEGRAM I Ido do I owe one thanks for I think that tha t that tha t tI i ne newspaper wishes me justice ant nl will vIii lisa uso its powers of or publicity to aid nn any cause c. it Jl considers just and right light j New Bay Rny of ot Hope i There Is no use going into detail jus ju Just t t t now It Il Is 18 true that If It I thought I was wa wast t F going to spend tho rest of ot m my da days in the f t state tate penitentiary I would rather be 00 shot i now I should hould not and could not spend my life within such Uch confines cursing man man- kind for tor its Hs fearful tearful injustice to me I 1 Ican Ilean lean can only onty ex express m my gratitude to those thoo who ho J have given me this new ray rai of hope hopp Continued on page o 14 r TRIAL JUDGE I c Continued l from O page 1 which will re result lUll in the coming comins- of or tho the glorious noon Jud Judge e Loofbourow said laid that he be did not care caro to Ba say anything at nil it about the new phase of oC the Dye Dc case casc He lie said that for lor forthe forthe the present the recommendation he ho was waR to tomake tomake make inako the state board of pardons would have to stand as all the he explanation he wished to make D Dyes Dye's es attorneys s 's asked that until such time as the hoard board has hus passed cd upon the thc recommendation the tho prisoner be he allowed to remain In custody custod of ot lie tue sheriff at tho the count county Jail The matter is at the discretion Ion tion of or the tho sheriff who said this morning that ho would probably bly grant the request Just JUt what action the pardon board will take In the thc mn matter of the recommendation cannot annot b h be said The unusual proceeding is Ir not without precedent It lt I Is most likely that the state board hoard will III grant Ih the commutation com corn mutation tho the r recommendation coming In such a manner from the rial trial jud Judge e. e Dye was arrested on the morning of or December December De De- cember I 1 1911 on a charge chars of or vagrancy He was charged chars with tho the murder of at Joseph Jo Jo- seph Rainbow on the tho night of November 28 26 26 1911 In a 0 complaint sworn to by Pa Patrolman Patrolman Pa- Pa George Georgo Sutton December 4 following following fol fol- fol- fol lowing alleged irregular identifications by byA A Agnes nes NIelson Andrew Patros A. A Cohn and Charles Sussman He lie was given his preliminary h hearing before City Judge N. N H H. Tanner on January January Janu Janu- ar ary 4 4 1912 and was as held to await the action action ac ae ac- ac tion of the district court He was re removed removed re- re moved Jno to tho the county Jail following follo tho the hearing where ho has since been boon con con- fined New Attorney Engaged E. E A A. A Rogers who ho represented D Dye at atthe atthe atthe the preliminary hearing withdrew from the case cue In February 1912 1512 and W. W H H. Gregory was wag en engaged as counsel The trial of or Dye De was all begun In the district court May of a 1 and a JUT Jury found Dye Dyo guilty guilt of oC murder In the first degree after two hours hours' deliberation The trial court denied denk-d Dye Dyo a new trial August 3 and AU August Bt 8 S he was sentenced to die Ho was S taken Into cou court t August Augu t 10 and elected shooting for his execution set for September 3 A sta stay of execution wa waa secured and anti an appeal was taken nto to the supreme court However the lie attorney attorney ney failed to perfect hl his bill of or exceptions Engaged When hen this became known A Attorney Horne Soren X was en engaged a ed to succeed sue suc ceM Gregory as counsel for tor Dye De However How How- ever the alck of ot a bill of or exception confined con- con lined fined his l arguments In the supreme court to the tho Judges Judge's Instructions to the jur Jury As these were regular regul and the supreme court could only pass pas on th the legal les-al pha phase o of oC the case the question of ne new or Irregular irregular Irrel- Irrel ular evidence c could not b be submitted d und and tho appeal was denied A week eek ago aKO Attorney Christenson announced announced an an- his hia Intention of asking the board boon of or pardons for an absolute pardon for his client on the grounds that t he lie had been Irregularly Irregular Identified and that his defense had not been properly presented The stories of the irregularities In identification tion of or Dye D and Dyes Dye's movements on the night of oC the tho murder as H told by hy tile the prisoner prison prison- er and anti reputable witnesses were printed exclusively in THE TILE TELEGRAM L J |