The Boy Nevada Killed

by Janice Oberding

  The record included the June 30 rape of Mrs. Knoth, which Loveless had neither been charged with nor convicted of. Floyd’s attorneys seemed to believe that Floyd had confessed to the rape only to cover for his older brother Robert Kay.

  While his attorneys may have doubted that Floyd Loveless raped Mrs. Knoth, his mail list seems to point to the veracity of his Indiana confession. While he was in prison, a written record was kept of all his incoming and outgoing mail. In standard procedure, two names on his outgoing list for October 19, 1942, are Mrs. Soller and Mrs. Knoth. Floyd wrote and mailed a letter to Mrs. Soller, the elderly woman whose home he burgled, and to the rape victim Mrs. Knoth. What he wrote to these two women was never revealed. The original date of his execution was December 13, 1942. It is likely that when faced with imminent death, he wanted to apologize and clear his conscience. Neither woman responded.

  On October 6, Judge Dysart dashed Floyd Burton Loveless’s hope by pronouncing the death sentence for him. The fifteen-year-old was slated to die during the Christmas season, December 1942. Toward that end, he was driven to the Nevada State Prison in Carson City, where he became inmate number 4506.

  The old prison was overcrowded. Located at the southeastern edge of Carson City, the facility began accepting inmates in 1862. By the 1940s, the prison was too small to adequately house its inmate population of over three hundred. With the retirement of Warden Lewis came opportunity. And Governor Carville quickly appointed state engineer Richard H. Sheehy as warden of the prison in November 1940. Sheehy would be the prison’s twenty-fifth warden. His first priority was to secure enough funding to enlarge the prison and alleviate cramped living conditions. As an engineer, he would be an invaluable asset in overseeing the building and enlarging of the prison.

  Sheehy had served as warden less than two years when Floyd Loveless arrived. He had read the newspaper accounts of Floyd’s crime and ultimate death sentence. Still, he was taken aback at Loveless’s youth. In his time there, he had never seen such a young inmate. Boys Loveless’s age were in high school or off fighting the war, not isolated on death row with older, more callous men awaiting their own trips to the gas chamber.

  Warden Sheehy accepted custody of his new prisoner and watched as the captain of the guard escorted the new inmate to processing. As part of that procedure, he was photographed and fingerprinted. In the official NSP photos taken of him that day (front view and profile), he wears standard attire, a casual blue cotton prison shirt. The oversized suit jacket was an attempt at decorum as much as it was to show how the inmate might appear in regular clothing. Looking at the official prison photograph of Floyd Loveless, two things are obvious: acne and the tears he blinks back. He was not yet sixteen; the bad-boy look of defiance is gone. In this photo, we see what Warden Sheehy saw—the face of inmate number 4506 is that of a scared kid.

  Loveless would not be placed within the general population. His days were numbered. And death row inmates were separated from others. There was no escaping this place, which was far worse than Plainfield.

  Floyd was still adjusting to prison life when Warden Sheehy received a plaintive letter from his grandmother Mrs. Leonard Burton (Nettie) Loveless:

  October 29, 1942

  Prison Warden;

  Dear Sir.

  I am writing to you in regard to Floyd Loveless. He wrote to me and said his case would come up before the prison board and that he could have a lawyer if he could pay for one.

  We want to know if you know and would recommend a good lawyer for him and find out about how much money he would have to have. Do you think it would help any to get him a lawyer? None of us are rich but we want to go together and help all we can. If there is the slightest chance of Floyd’s sentence being changed we want to do what we can.

  If you could find out about a lawyer right away and let me know or maybe the lawyer would write me. Please do answer this as soon as possible as it means a lot to us and to Floyd too.

  Yours Truly

  Mrs. Len Loveless, Grandmother of Floyd.

  Floyd Burton Loveless Nevada State Prison inmate photo. Photo courtesy of Nevada State Library, Archives and Public Records.

  On November 2, Floyd turned sixteen. Taylor Wines resigned from his obligation as acting district attorney; during a special election, Elko County residents had elected a new district attorney. That same day, Warden Sheehy responded to Mrs. Loveless’s letter:

  November 2, 1942

  Dear Mrs. Loveless,

  In answer to your letter of October 29, 1942, regarding the hiring of a lawyer for your grandson, Floyd Loveless, please be advised that I have today contacted Taylor Wines who was appointed by the District Court in Elko County to defend your grandson. I talked to him on the telephone and he seems willing to go ahead and handle the case. He stated that he would write to you today concerning this matter, so you, no doubt will receive a letter from him about the same time that my letter reaches you.

  Due to the fact that Taylor Wines was the only Attorney who knows anything at all concerning the case I believe he would be the proper one to handle same. This, however, is simply advice on my part and should you wish to make other arrangements you are at liberty to do so. Trusting that this is the information you desire, I remain

  Sincerely yours,

  Richard H. Sheehy WARDEN

  Sometime during Floyd’s first year in prison, his father and uncle came from Indiana for a visit. Kay was incarcerated in the Indiana State Reformatory (a Dillinger alma mater) at Pendleton and could not accompany them as much as he wanted to. Years later, he remembered his father showing him several photographs that were taken during this visit with Floyd.

  According to Kay, the purpose of the trip was twofold. Ray Loveless wanted to see his youngest son (of his first marriage) and to bring him a “proper burial suit.” If Nevada was going to execute Floyd, Ray wanted to make certain he would not be wearing prison garb when they closed the coffin.

  Wines would appeal Floyd’s death sentence. But this was wartime in a small community. After the Loveless conviction, Clarence Tapscott resigned as Elko’s district attorney and enlisted as a second lieutenant in the marines. He was sent to Mare Island, California, for training, and Taylor Wines was appointed to take his place. As acting district attorney, he was not permitted to work on Floyd’s appeal. With an execution date two months away, every day counted.

  On October 29, 1942, in an attempt to save Floyd’s life, his grandmother wrote to Governor Carville.

  Floyd Loveless (right) and an unidentified friend. Photo courtesy of Robert Kay Loveless.

  Ray Loveless on a train. Photo courtesy of Mike Loveless.

  In her letter, Mrs. Loveless told Carville about the death of Floyd’s mother and about his stepmother and how she disliked him. In grandmotherly fashion, she assured the governor that Floyd was a good boy who went to church. She continued: “Ever since Floyd was eight he has bought his own clothes and school books. Last winter he got into trouble and was sent to live with his aunt. Then he got into more trouble. He has had a hard sad life.”

  On November 17, 1942, Reno attorney Oliver Custer arrived at the office early for a scheduled meeting with Ralph G. Wales, director of the Western Branch of the National Probation Association. Wales had expressed an interest in assisting in the Floyd Loveless case if possible. And Custer, who also wanted to help the boy, was anxious to hear what Wales had to say. He looked at the calendar and at his watch and settled in his chair. It was a good thing Wales was coming before the snow started up on Donner Pass. If the weatherman was right, he would beat the snowstorm but would have no time to waste in getting back down the hill before it struck.

  His secretary, Mrs. Parks, knocked softly on the door before stepping in.

  “Telegram,” she said handing it to him.

  Custer quickly read, “Sorry unable visit with you today special work called me back here am writing Mr. Wines in Elko others interested Loveless case. Hope you keep in touch with me interest
ed help in any way possible Ralph G. Wales National Probation Assn 110 Sutter Street.”

  He folded the sheet. “Start a Floyd Loveless file and put this in it,” he instructed Mrs. Parks.

  That same day, Nevada governor E.P. Carville issued the following proclamation, setting Thursday, November 26, as Thanksgiving Day for Nevadans:

  Whereas a nation at war pauses in the midst of turbulent activities to offer reverent thanks to our Almighty Father for the blessings he has bestowed on us.

  Whereas the very spirit of Thanksgiving emanated from a small band of patriots who were resisting oppression much the same as we are today liberty shall live.

  Whereas now, more than ever before in history, do we need divine guidance to lead the way through the dangers of peril.

  Now therefore, I, E.P. Carville, governor of the state of Nevada do hereby proclaim Thursday, November 26, as Thanksgiving Day and call upon all the citizens of Nevada to join in paying solemn tribute to God for the bountiful manifestation of his protection in our fight against a godless enemy.

  I further urge her citizens to pray for our boys on the battle lines—expressing our heartfelt feelings for their safe and speedy return and to display publicly the stars and stripes for which they are fighting.

  When the war is won it will be by the champions of Right and Truth and Justice—the forces represented by those valiant men and women of the United Nations who are proud to be a part of this glorious march toward freedom.

  November 18 came gloomy and gray to Reno; storm clouds hovered in the Sierras, and wind swept across the Truckee Meadows. Oliver Custer flipped the desk reading light on and read the morning newspaper. His mind was still on Floyd Loveless and the death sentence that hung over him. Something had to be done; no boy so young had any business in the gas chamber. Custer called his secretary into the room and dictated a letter to his friend Richard Sheehy, warden of the Nevada State Prison.

  Dear Dick:

  Will you please advise me when the death sentence is to be executed upon Floyd Loveless? I understand from the newspapers that he is to be executed sometime in December.

  Do you know whether or not any stay of execution has been granted by reason of an appeal to the Supreme Court of Nevada?

  Thanking you for an early reply, I am with kind regards, Sincerely Yours.

  Oliver Custer

  Still wanting more information, Oliver Custer wrote to Mary Catherine Blakely of the Nevada State Welfare Department Division of Child Welfare Services.

  Dear Miss Blakely

  I am very much interested in the case of young Floyd Lovelace [sic] who was recently convicted of murder and sentenced to death sometime in December of this year.

  I have talked with Mrs. Sally Springmeyer and also with Mr. Wales of the National Probation Office in Washington; also with Judge Hawkins of Winnemucca, and they have interested me in behalf of young Lovelace.

  I am most anxious to learn whether or not Mr. Taylor Wines, the attorney at Elko, who was appointed by the Court to defend Lovelace has made a motion for a new trial in this case.

  Will you please examine the records in the Clerk’s office at Elko and find out whether or not a motion for a new trial was made, and if so, whether Mr. Wines is taking steps to appeal the case to the Supreme Court of Nevada. I should also like to know if he has taken any other steps toward staying the execution of the death sentence set for December. I will appreciate your very prompt attention to this matter as I am most anxious to get this information.

  I thought it would be best to write to you because I knew you could get the information for me and I was afraid the Clerk of the Court might delay in sending me the information.

  I have the pleasure of seeing your mother and father quite frequently at our church. I hope that you are well, and that you are getting along nicely with your work.

  With kind personal regards, I am Sincerely Yours.

  Mary Catherine Blakely responded:

  Dear Mr. Custer;

  As soon as I was able to when I arrived in Elko this morning I learned that Mr. Wines had filed a motion for a new trial in the Floyd Loveless case. This is the only step taken so far toward staying the execution of the death sentence.

  The records for the motion for a new trial were sent out Wednesday so the attorneys will likely appear in Carson in about two weeks.

  I hope this is the information you needed, and thank you so much for your interest in the boy. Sincerely Yours.

  Custer quickly read through her response and then dictated a letter to Judge L.O. Hawkins.

  Re: Floyd Loveless

  Dear Judge Hawkins;

  Thank you for your letter of November 27.

  I was advised by Miss Blakely, Child Welfare Service, at Elko, that Mr. Wines has filed a motion for a new trial in this case. I therefore feel certain that he will take an appeal to the Supreme Court. In the event, however, the Supreme Court should affirm the decision of the District Court and Mr. Wines fails to raise the point regarding the juvenile act, then this case, in my opinion, could be taken again to the Supreme Court by a petition for habeas corpus. I shall watch the appeal with great interest, and if I may be of any assistance, I will be only too glad to help.

  I wish for you great success in your new location at Las Vegas, and I hope that you will find the practice both remunerative and interesting. My congratulations and best wishes to both you and Mr. Lewis.

  With kindest regards, I am sincerely yours.

  Hawkins had first approached Custer about the case. It wasn’t that Judge Hawkins was averse to the death penalty. He had handed down the death sentence to twenty-eight-year-old Luis Ceja for a 1930 murder. But he felt that executing someone as young as Loveless would be an illegal act by the State of Nevada.

  On Tuesday December 1, a response to a letter Custer had written to Alan Bible, deputy attorney general, was in the morning mail.

  Dear Oliver,

  For your information the Record on Appeal in the case of State vs. Loveless was filed in the Supreme Court last week and an Order Staying Execution was entered on Saturday, November 28, 1942, pending hearing and determination of the appeal.

  My personal regards, yours very truly

  Alan Bible Deputy Attorney General

  The news of Floyd’s conviction and death sentence didn’t surprise everyone in his small hometown. Some felt the local bad boy had gotten just what he deserved. Others felt it was the lack of parental guidance that was to blame. Weeks before the scheduled execution date, a Shelbyville schoolteacher sat down and typed a letter to Governor Carville.

  November 24, 1942

  Dear Sir:

  May I introduce myself as a Hoosier school teacher and a former friend and teacher of Floyd Burton Loveless?

  As the day nears for his execution I feel that my conscience would forever bother me if I did not make some plea in his behalf. I doubt seriously if you have received many such pleas.

  I have known “Bert” for about 10 years having taught in Stockwell, Indiana for seven of those ten years. That he has come to the point where he is I am not surprised, but whether he is responsible to the extent of paying with his life—I doubt.

  He had two strikes on him from the time he was born. His father received a dishonorable discharge from the army after being in a brawl in which a man was killed and he has always been feared by the residents of Stockwell as a desperate character without any principle. He was found robbing his own father’s (Bert’s grandfather) store and has been caught in numerous thefts of meat, etc. on farms in the community.

  Bert’s mother was accidentally killed or she committed suicide while he was still a baby. She stepped in front of a train. Community opinion was that it was probably suicide brought on by the life she was forced to live.

  On one occasion Bert’s father, step-mother and two brothers went to Ft. Wayne, Indiana on a trip leaving Stockwell on Thursday. Bert refused to go as he would have had to miss school. (At that time he had a man, Mr. Drake,
who he respected very much, for a teacher.) Friday morning I learned of the situation and questioned Bert, finding out he had had no supper or breakfast and had broken into his home, spending the night in the house without a fire. I sent him home and Mrs. Thompson gave him a good breakfast. I also took him home for lunch and he was very appreciated [sic]. I had to go back to school early and Bert did a number of chores for my wife. Thinking to repay our kindness he drew a cowboy and presented it to Mrs. Thompson.

  I do not want to be classed as a silly sentimentalist, but after all I feel that Bert is just 16, has known little but training in crime since his cradle days and that he is not altogether responsible for his acts.

  He is dangerous and I would not plead that he ever be turned loose on society again. However, with the intelligence that I know he possesses I feel that he could be made into a useful member of your state prison population.

  While I am completely without legal education it is my understanding that the state demands that we pay for our crimes and it [is] with that view point in mind that I ask that you consider a change of sentence in Bert’s case from death to life imprisonment. In this way he would pay for his enormous crimes without paying the supreme price that should be assessed against one mature enough to realize what he was doing.

  Respectfully yours,

  Lawrence W. Thompson

  Governor Carville replied by a form letter thus:

  Dear Mr. Thompson:

  I wish to advise you that your letter of November 24 in behalf of Floyd Burton Loveless has been received.

  It is my understanding that the attorney that was appointed to defend him will make application for commutation of sentence and in that event there will be a hearing set sometime during the early part of December. The Board of Paroles and Pardons, of which I am chairman, will at that time review the case. At that hearing your letter will be brought to the attention of the other members of the board and will be given serious consideration.