The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1878-02-08
KELLY AND THE COMMONWEALTH.

Although there is nothing in the written
laws of this State providing for the liberia
tion Of criminals who give information that
leads to tho conviction of other participants
in crimes, without trial, it is, or has been,
generally recognized rule that he who
turns states evidence, as It is called, shall
not be prosecuted f-r the ofrensc, and, as in
Schuylkil county, after being held for two
successive terms without trial the pris oner
il discharged, though he be a red. handed
ing, but rests entirely in the bosom OF the
Commonwealth as a matter Of discretion.
In the case Of Daniel Kelly, Gtas the
BoR, the District Attorney in the exercise
of this discretion most wisely concluded to
prosecute for the murder of Alexander W.
Rea, in 1868. Kelly has been in Jail over
year under the charge, and in the trial Of
Hester, Tnlly aud McHugh he was the prn.
cpal witness. Out of his mouth they were
convicted, and sentenced to death. With
apparent unconcern Kelly sat upon the wit
ness stand for two days, and told the story
Of the bloody deed. According to his own
testimony Dan Kelly was one of the ring
leaders in this great crime. He it was who
fired one Of the first balls that went crashing
through the skull of the unfortunate victim !;
he it was who riied the pockets of the dead
man and took She lions share of the plum
der; lie il was who took the watch and mon
ey OF Mr. Rea, together amounting to about
Two hundred dollars, and afterwards gener
ousy gave to each of his companions q few
ptl,ry dollar1 as the price of blood. For
eight years the knowledge of this deed WAS
locked within the breasts of the perpetrators.
For portion of that time Dan Kelly was in
Jail in different places for burglary, highway
robbery, assault and battery, and nearly
every other crime on the calendar. Finally,
while in the pottsyil.e prison, lie discovered
that suspicion rested on him as one of the
murderers of Rea, and then, not because he
was "repentant Mollie," not because OF
remorse, but simply from fear Of discovery
and with desire to save his own precious
neck from the hangmans halter, he disclosed
the fearful details of his most dastardly
crime. There was no promise, however, on
the part of the Commonwealth, that he
should 60 scot.iree as soon as his story was
told. In his examination he said that no
promise had been given him, that he kne y
the consequences, and expected to suffer the
penalty of his crime. Is there any reason
why he should not be punished? Has he
shown any symptom of reformation during
his last incarceration? We believe him to
be the same Dan Kelly who killed Aexan-
der Rea. He is to-day as ripe for plunder
and murder as when on that October morn
ing in 1868 with ruthless hand he sent an
innocent human being to his final account.
Could such man be safely trusted at large?
The public officers OF this County whose
duty it is to see that offenders are brought
TO justice, and the Judges whose functions
are to see that the laws are vindicated, would
have taken upon themselves a terrible re.
sponsibility had they permitted this murder
er, Dan Kelly, to be turned loose upon the
community without trial. With his con-
viction and sentence their duty is performed.
and if his services in bringing three other
men to the gallows are sufficient to entitle
him to run at large, the Board of Pardons
must assume the Office of giving him his
blood money. The very utmost that the ne.
cessity of this case could possibly demand
would be commutation of sentence to i'm
prisonment for life. If they go beyond this,
upon them hangs a responsibility that few
would like to assume.
n. B.-The above was written and put in
type under the suppesition, based on relia.
BILE information, that Kelly would be tried
and convicted before the appearance of this
article. For some reason unknown to us,
no indictment was sent to the Grand Jury
and consequently he was not tried at this
term. There is no occasion, however, to
change a word of the above article 1t con-
tains our sentiments,