Rensselaer Semi-Weekly Republican, Volume 41, Number 44, Rensselaer, Jasper County, 12 February 1909 — McCOY WAS ALMOST MADE A FREE MAN [ARTICLE]

McCOY WAS ALMOST MADE A FREE MAN

Ruling of Gov. Marshall That Would Have Released Him Conflicted With Supreme Court Decision.

Tom McCoy is still in the garb of a prisoner, but he was almost released by an order from Governor Marshall to Warden J. D. Reid, of the Michigan City penitentiary last Saturday. The order was an Interpretation of the indeterminate sentence law, made by the attorneygeneral on the plea of McCoy’s attorneys. It read as follows: "I have presented the question as to whether the law of 1883 denominated the law for thb diminution of time had been repealed by the indeterminate act either expressly or by implication of law. I have now on file in this office the opinion of the attorney-general to the effect that the law of 1883 was not repealed elher dlrtectly or by Implication of law In the passage of the Indeterminate sentence law. "It Is therefore the ruling in this department that any prisoner who has made good time and who has served the maximum of his sentence less such good time Is entitled to be discharged In accordance with the law of 1883. Therefore, if you have any prisoners who have no infractions of the rules or regulations of your prison or the lgws of the state reoorded against them, and who have performed In a faithful manner the duties assigned them so as to be entitled to dlmnlutlon of sentence in accordance with such law and such diminution of sentence has now reduced the maximum period of sentence so as to enable such prisoner to discharge, you are hereby au-

thorized to discharge such prisoner. “This ruling of the attorney general, as I am informed, applied to the case of Thomas J. McCoy.” It was discovered, however, that on Dec. 30, 1898, the supreme court had rendered a decision that the indeterminate sentence law simply substituted a new and different method of crediting good behavior time to the convict. The good time law applies to those sentences under Indeterminate sentence law or reformatory act prior to April 1, 1887, If they had earned good time. Those sentenced since then are not so entitled and as Tom was sentenceed on June 19, 1906, he does not come under that ruling. When Warden Reid found this out he refused to release McCoy, but In some manner the report was circulated that he was released and it was so published In several papers. The most noticeable thing about the matter is the willingness that Governor Marshall seemed to possess to aid in McCoy’s and Rensselaer people will recall that a paper published here in Rensselaer made a great fuss last fall about a report that Watson, If elected, would pardon McCoy. , McCoy is still in the penitentiary and unless his attorneys are able to find some other loophole, he is apt to remain there until his full term expires. His lawyers seem to be still trying to earn the $15,000 given to them for the defense of McCoy when he was tried.