Kirk

The three defendants were charged in two counts of a three count indictment with crimes of mailing threatening communications through the United States mail, and in the third count with conspiracy. . They were found guilty on all counts and each was sentenced to seventeen and a half years on the first count, seventeen and a half years on the second count, and two years on the third count, the sentences to run consecutively. Feltus started service under the sentence on the .first count on June 11, 1941 and Kirk and Williams started their sentences on that count on November 30, 1942. On September 3, 1947, while Feltus was serving the sentence under the first count, the court below entertained his motion for modification and entered an order suspending the execution of the sentences under the second and third counts for the period of five years from and after his release under count one. On December 10, 1948, while likewise serving the sentence under the first count, Kirk and Williams filed similar motions. These motions were denied on December 27, 1948. On February 1st, 1949, the court vacated the order which it had •entered on September 3, 1947 as to Feltus. All three defendants…