The Boy Nevada Killed

by Janice Oberding

  Wines then went on to explain his points to the other attorney.

  For several days after being brought back to Elko there was considerable complexity in the District Attorney’s office as to how to proceed with the boy and it was finally concluded that a petition should be filed in the Juvenile Dept. of the District Court, at that time I was appointed to represent Floyd at that hearing.

  The showing there made by the District Attorney is precisely the same showing which the District Attorney would make at the preliminary hearing; i.e., a showing of probability of the boy having committed the crime, etc. There was no effort made to show that the boy was unfit for reformation and the Court made no such finding in its order thereafter made. After studying the applicable Statute (1019) on that point I have come to the conclusion that a proper showing was not made at that time, however, the order dismissing the petition in the Juvenile Dept. was made and the Justice of the Peace of Elko Township ordered, upon application of the District Attorney, to hold a preliminary hearing. The order made, dismissing the petition is faulty and ambiguous.

  The order recites that certain persons were served, etc., that the Court finds that there is probable cause for believing that the boy committed the crime of first degree murder, that there is probable cause for believing that the boy is approximately 16 years of age, it should be noted here that there was not one word of evidence proving or disproving the age of Floyd at this hearing in the Juvenile Dept. That thereafter the petition of the District Attorney was dismissed and the order to the Justice of the Peace was made.

  After listing the arguments he intended to use, Taylor Wines concluded his letter:

  There will be a number of matters which you will like to have fuller information on and you will very likely desire copies or originals of a number of papers filed in the matter, and if it is your wish to be associated with me in this appeal and to have further information please let me know.

  Yours very truly,

  Taylor H. Wines.

  Oliver Custer replied to Wines. And for the next nine months, they would fight to save Floyd Loveless. Decades after Loveless went to the gas chamber, Custer would say of his and Wines’s work on the case, “We tried.”

  In a December 21, 1943 letter to Custer, Wines wrote:

  I have pretty definite information that the jury at the last trial did not take a vote on the punishment to be inflicted in this case, and an error might be assigned for that reason on the ground that it is the duty to at least find whether or not they disagree on that point. I am trying, at present, to get one of the jurors to make an affidavit to the effect that a vote was not taken on that matter.

  Governor Carville was also receiving letters concerning the plight of Floyd Loveless.

  December 30, 1943

  Dear Governor Carville,

  There is a matter that I wish very much to bring to your attention. I know that you are a very busy man, but I believe you will find time to think this over and please help with; that is the boy, Floyd Loveless, that is to pay with his life for the fatal shooting of a man representing the law at Elko, Nev. I know of course, that this was a terrible thing, but terrible things happen every day and in as much as this boy is an under-privileged child he really is a victim of society. From a letter I received from him Christmas, there is a lot of good in him. I have written Father Flannigan [sic] and I am enclosing his answer. I wish you could please see fit to commute his sentence to a more lenient one, and since Father Flannigan would like so much to help out, perhaps the boy could be paroled to him. We all know Father Flannigan would make a man of him. Any way I just can’t think that the State of Nev. wants to go down on record as having taken a child’s life when only a few weeks back a woman at Ely deliberately shot and killed a man at a table through jealousy and only received a life sentence.

  We are employed by the S.P.R.R. and ever so many men and women are in favor of the boy and donating to the cause. Different clubs such as Catholic Welfare Society and St. Agnes Guild and many others, the Unions Club and numerous organizations are interested.

  Hoping that you will please see fit to take a hand in this matter as one in your position can help so much.

  Respectfully Mrs. K.R. Whitney

  Chapter 4

  1944

  From the Fields There Comes the Breath of New Mown Hay

  January 2, 1944

  Dear Mrs. Whitney,

  I have your letter of December 30th and appreciated your view-point and interest concerning Floyd Loveless, this interest being due primarily to his youth.

  His case is now being appealed to the Supreme Court of the State of Nevada and further action will necessarily await the decision of that Court. If the Supreme Court affirms the decision of the District Court the next process will be a commutation hearing before the Board of Paroles and Pardons. If the case does come before this Board, of which I am chairman, I shall have your letter in mind and bring it to the attention of the other members of the Board. Naturally, at this time I am not in a position to make any commitment relative to the action that might be taken if a commutation hearing is had and we must wait for further developments.

  With Kindest wishes for the New Year, I am Sincerely yours,

  E.P. Carville, Governor

  Desperate to keep their client out of the gas chamber, Wines wrote to Custer on January 11, 1944:

  Concerning the possibility of appealing to the Board of Pardons and Appeals in the event our appeal to the Supreme Court is not successful, I believe I could do the boy more good as a witness before the Board of Pardons and Appeals than as his attorney especially since I have probably been the only person to whom the boy has ever shown any real trust. I have heard the jurors here remark again and again they might have considered the matter differently if he had shown any emotion or regret for his action in the Court room. I would not have to reveal anything of a confidential nature in order to give that body an idea of how the boy actually feels. In the Court room he maintains an attitude of indifference and defiance which does not sit well with either the judge or the jury, but in talking to me he is altogether different.

  Kindest regards,

  Sincerely Taylor H. Wines.

  Custer responded on January 14, 1944:

  It is my belief that if we are unsuccessful in the Supreme Court that we can have the sentence commuted to life imprisonment. As I heretofore have stated, many persons have expressed sympathy for this boy, both to me and to Mrs. White. Yesterday Mrs. White advised me that Father Collins who is one of the prominent Catholic priests in Reno and who devotes most of his time to social welfare advised her that he would do everything in his power to have the sentence commuted to life imprisonment. He told her that he would be glad to appear before the Board with you and seek commutation. Your suggestion that you appear before the Board as a witness is a good one. However, in the case of John A. Kramer, I appeared before the Board of Pardons and Paroles two times in an effort to have the sentence commuted. On one of the times I decided to have Kramer appear before the board as a witness. The Board, however, refused to permit this as being against the rules. They did, however, permit me to introduce an affidavit made by Kramer and they also permitted the Attorney General’s Office to submit an affidavit made by Jim Collins, the attorney at Ely who had represented Kramer. Therefore in this case I think we could certainly introduce your affidavit and that I could present the whole matter to the Board. I know of certain other prominent people in the state whom I know are interested in this boy and it is possible that I could have them appear before the Board and ask for commutation. I expect to devote as much time as possible on this case, and shall advise you before long as to what progress I am making on the portion of the brief which I will attempt to write. I shall appreciate your advising me regarding the above matters upon which I have asked for instructions from you.

  With kindest regards, I am sincerely yours.

  Nearly two years had passed since Floyd and Dale ran away from Plainfie
ld, two years since he had been home. He missed them all. After writing to his father and grandmother, Floyd wrote to Oliver Custer on January 16, 1944:

  Carson City Nevada

  January 16, 1944

  Dear Mr. Custer,

  It’s been requested that I write you a letter. I’ll try my best but it will probably be short.

  As you can see I haven’t made any to [sic] much of my life. I’m young yet and I hope it isn’t to [sic] late to make good.

  I was 15 when I got into this trouble and I was 15 when I first came here. I am 17 now.

  Rev. Harvey of Carson City has my birth certificate. You can get it from him. I’ve had one year of high school. I can get the certificate if it is needed.

  I’m working here and I pray and hope for the best.

  If I’m given another chance, I’ll make good. I’ve got to make good. You see I’ve been away from home for quite awhile [sic] and I’d like to get back and be like one of the rest.

  Sincerely yours,

  Floyd B. Loveless

  His letter to his attorney completed, Floyd wrote to the Whites:

  Dear Mr. and Mrs. Ed White,

  I received your letter this afternoon and I was glad to receive your letter. I’m sorry I haven’t wrote before now. I like to write but it’s not so easy to think of something to say.

  I’m going to be good as I know how. I’m easy to get along with. I’m not looking for trouble. I’ve decided which road I really want to take. I’ve got [two] very good reasons why I want to make good. I’ve got other good reasons [too] but those [two] come first. One is [to] show this world as well as my hometown that I can make good. Another is that there’s a girl waiting for me. I guess those are good reasons.

  Mr. Oliver Custer I have heard never gives up. He’s the fighting kind.

  My Dad’s address is Mr. Ray C. Loveless R.R. 1 Lima Road, Fort Wayne, Indiana. My oldest brother lives with a cousin of mine but I don’t know his address. My other brother address is Robert Kay Loveless, Reg. No 30540 Pendleton, Indiana. He’s in a tough place and I don’t think he will be allowed to write.

  Although he’s got about two years more he’s coming out here after his times up. You see we got into trouble at the same time. He was placed in a different place than I. It was the first time I was away from my relatives. I didn’t like it. I think I was there a month. I had promised my grandma I would stay there but I had endured a little more than I wanted. I would have been a barber when I left. I now wish I had stayed there.

  My grandma sent my birth certificate. It says I was born November 2, 1926.

  I’m now on the yard with the rest. It’s sure good to get some fresh air. I never was much of an indoors boy. Everyone was glad to see me out. They say I’ve gotten taller and fat. I must weigh about 175 now. I always was a pretty big boy. I hope to be as big as a six foot cousin of mine. I’m not six foot yet but I hope in the next 5 & 6 years I am.

  Well I guess this is about all. I want to thank every one of you that are helping me. I’ll do my best.

  Sincerely yours

  Floyd Loveless

  Oliver Custer replied to Floyd with the following on February 2, 1944:

  Dear Floyd,

  I received your letter of January 16 and was glad to hear from you.

  Mr. Taylor Wines and I are now working on the brief to be filed in the Supreme Court on the appeal. We are hopeful that we may be successful in that appeal. It will probably be several months yet before the Supreme Court passes upon the appeal. We shall keep you advised of developments.

  With kind regards, I am sincerely yours.

  Floyd wrote and received a lot of mail. His existing prison file shows that his outgoing mail included letters to his brother Robert Kay in prison in Pendleton, Indiana. Years later, Kay would remember that they were not permitted to exchange letters. Any news of the incarcerated brothers was shared by family members who took the time to write. Aside from family, numerous well-wishers wrote, as well as Detective Story magazine and Hollywood Film Studios in Oakland, California. On the morning Floyd received Custer’s letter, it was his only mail for the day. He read it eagerly and wrote back immediately on February 3, 1944:

  Letter from Floyd Loveless to Oliver Custer. Author’s collection.

  Dear Mr. Custer,

  I received your letter today. I am glad to hear from you. Glad you received my letter. I had a couple of photos made of my birth certificate and sent one to you and Mr. Wines. I have the original of the birth certificate.

  How long is my stay of execution? I got a letter from my Dad yesterday and he said if there was any way for him to help me, he would. If you would like to write to him, his address is Mr. Ray C. Loveless. Lima Road. R.R. 1, Fort Wayne, Indiana.

  I’ll sure be glad to hear of any developments. It’s kinda hard to wait and know of nothing.

  Sincerely yours,

  Floyd Loveless.

  Oliver Custer and Taylor Wines were corresponding regularly. Any gossip concerning their client was eagerly shared between the two attorneys.

  March 4, 1944

  Mrs. White advised me yesterday that the Catholic Priest, Father Collins, had talked with Governor Carville at Las Vegas, Nevada, and that the Governor told Father Collins that the boy should receive a commutation of his sentence in the event the matter was presented to the board of pardons and paroles. I am convinced that we can secure a commutation if it becomes necessary for us to ask for one.

  Mrs. White also advised me today that she expects to secure some additional small contributions within the next week or so. I shall immediately forward one half of any sums that she delivers to me.

  With Kind personal regards, I am Oliver C. Custer.

  May 3, 1944

  A cover-all statement such as was made by Judge Ducker should not be allowed to foreclose discussion of errors again. Since many errors, none in themselves sufficient to cause reversal, taken as a whole may make it plain that the defendant did not receive a fair trial.

  Taylor Wines

  June 2, 1944

  On May 31 I saw my friend Dick Sheehy, warden of the state prison. I know Dick quite well and have found him a very reliable person. Dick mentioned during our conversation that he believed from the information which he had that in the event Loveless’ conviction was not reversed by the Supreme Court, that the Board of Pardons and Paroles would commute his sentence.

  Oliver Custer

  THROUGH THE SYCAMORES THE CANDLE LIGHTS ARE GLEAMING

  On June 16, 1944, fourteen-year-old George Junius Stinney Jr. was executed in the electric chair at South Carolina’s state penitentiary in Columbia. The execution of the youngest person in twentieth-century United States intensified Floyd’s attorney’s efforts. Floyd wasn’t aware of the fourteenyear-old African American youngster who went to his death amid pleas for commutation by the NAACP, churches and unions.

  The same day that George Stinney Jr. went to his doom in South Carolina, Nevada attorney general wrote to Elko district attorney George Wright:

  Friend George,

  I called upon Chief Justice Orr this morning with respect to a date for oral arguments in the Loveless case. Justice Orr, in communication with the other Justices, agreed to a date sometime in the week of July 10, providing such date would be acceptable to the respective parties.…A copy of this letter is being sent to Mr. Wines and Mr. Custer for their information and we trust that a date in the week of July 10 will be acceptable to all.

  Kind personal regards, very truly yours

  Wines and Custer were fighting on his behalf. But he chose not to think about what would happen if they failed. Like most teenage boys, his interests were cars, baseball and the war—and girls. There was that special girl waiting for him back home in Indiana. Maybe one day, he would get back to her and home.

  He didn’t really want to look too far ahead. He was happy just to be out with the others. Since being permitted into the general prison population, Floyd was able to get outdoors,
exercise and join in on softball games. He was a likeable kid who played well. Those who weren’t under sentence of death felt sorry for him and put him on the prison softball team, the Nevada Prison All-Stars. Later, fellow teammates would say he had been their star player.

  On Sunday, June 18, 1944, the All-Stars team played an exhibition game of softball against the 947th Guard Squadron. Floyd was at second base; the Nevada State Journal reported that he played spectacular ball. For a moment, he forgot that he was there under sentence of death. Being young, he may have seen death as something in the faraway distant future. The public came out to watch the game, which the NDP All-Stars won easily. There would be other games and other seasons, but not for Floyd Loveless. This would be his only season.

  On June 30, softball was momentarily forgotten; the mood at the prison turned somber when thirty-one-year-old Raymond Plunkett was executed in the gas chamber for the murder of his five-month-old son.

  Floyd would be next, unless his sentence was commuted. Numerous people took time to write letters to the governor. A group of Reno High School students let their feelings be known by adding to the letters that poured in to the governor.

  Among those letter writers asking for commutation was Father Flanagan, founder of Boys Town.

  July 11, 1944

  Honorable S.P. Carville

  Governor of Nevada

  State Capitol

  Carson City, Nevada

  My dear Governor Carville:

  I am writing to you in behalf of Floyd Burton Loveless, a 17 year old boy confined in your State Prison under sentence of death. This boy was convicted of murder, and resultant sentence of capital punishment has been appealed to the State Supreme Court.