Show GREEN BRIEF HITS WELLING Pardon Pardo Board Boar Action Thrown n in n Doubt T The e long fight of Delb Delbert rt Green t to escape a firing squad took a surprising surprising surprising sur sur- sur- sur turn Saturday when his attorneys at attorneys at torne s 's questioned whether Secretary Secretary Secre Secre- tary of State Milton H. H Welling Veiling had the right t to as a member o othe of the the state s pardons board when Greens Green's first fIt r was consid consId- ered The question was raised in a brief brie served upon Attorney General Joseph Joseph Joseph Jo Jo- seph Chez in Greens Green's newest appeal to the state supreme court The brief briel questioned whether the first reprieve granted Green b by Governor Henry H. H Blood actually had been terminated by the board of pardons It lilt is 3 by a queer quirk of fate that the threads of the case of Green should have become entangled entangled entangled with the twine of the case of Mr r. r Welling the brief said and arid quoted state laws in an attempt to show conviction of any state officer of a felony involving misconduct miscon miscon- duct in office involves involve as a n consequence COD conse onse- onse quence forfeiture of his office Con Conviction cUon in Effect Mr Welling had been found guilty of presenting a a false salary claim to the state board of examiners ers atthe time the board of pardons met to consider Greens Green's reprieve c the brief said Mr Wellings Welling's moLion motion mo mo- tion Lion for a anew new trial then was under advisement and the conviction had hadnot hadnot hadnot not been set aside The he brief questioned Mr fr Wellings Welling's right to act on tho the par pardons loD- loD board in the place of ot the governor Mr Welling as a acting governor last September 17 7 when Governor Governo HenryH Blood was as out q of th the state Co Continued on Pete Pegs Two to S Column Two GREEN BRIEF HITS WELLING Continued from Page PAre One sat at In in Inthe the governors governor's place at at ata a I pardons board meeting As secretary of ol state Mr Welling Wellings is s not a member of the tho board boar The defense brief briel drafted by John C. C Davis Davis' and Aith Woolley Ogden attorneys was to have been filed filed Thursday y in in B state te supreme court ourt 6 Set for March larch 17 11 J Although Mr Chez received a AI copy opy the original of the brief had hadnot hadnot hadnot not been filed In court up to noon noo Saturday I Mr Chez Ches however said he would woul not ask dismissal of the appeal since ince a copy had been served on n his office allowing him to study it and file filea a reply within 10 days The newest appeal of Green carrIed carried car car- ried ned from a refusal of ot Judge E. E E. E Pratt of Second district court to grant the triple slayer a sanity hearing will be heard beard by the supreme supreme supreme su su- su- su preme court March 17 opening day of ot the new term Mr Chez said The he brief contends Judge Pratt deprived Green of his rights to have havethe havethe havethe the court try the question of ot san- san Ity ty Awaiting Execution Green it under a Ii death sentence for or the slaying staying of his uncle James Gr Green In Davis DaviE county in January 1930 He also killed his wife and mother in The first reprieve questioned by bythe bythe the he brief was wu issued last summer by jy Governor Blood because there was a legal conflict as to whether Second or Third dIstri district t court had jurisdiction over a sanity hearing A second reprieve was issued last month by G Governor Blood the he afternoon afternoon afternoon after after- noon before Gr Greens Green's ens en's scheduled exec ex execution ex cx- ec tion because the attorney general general gen gen- eral ruled the slayers slayer's constitutional constitutional constitutional rights were in jeopardy in hi view of his pending appeal to the supreme court Th This reprieve is effective effective ef of- until March 21 when the pa pardons dons dons' board will hold bold its Ita next meeting |