, 1882-03-04
The McAlKSter Case.
NEw TAcoxA, ". T., Feb. 20, 1882,
Ed. Posr-1SrELLIGKscEs

In SUNDAY issue am 10Cusouoi '
cry and fraud practiced upon the Cover
ncr Of Washington Territory IN securing
the pardon Of William McAlister," and
An challenged ''to explain away this black
charge" owe il to Governor Newell,
| more than to myself, to ask that a share
| OF the oiium which attaches to that act
may be borne by myself.
No apologies need nor viii be offered
for nv efforts TO procure the pardon OF
William McAllister, convicted of murder
IN the second degree at the Walia "aiis
court, May, 1882, Hon. j. R. LeSis Pre-
siding That distinguished Judge sentsn-
| ced the prisoner 10 seventeen years con-
6nement in the penirentiary. In the
coming May. ten years OF that term Will
have elapsed. | do sincerely regret that
Governor Newell should have been SO
harshly censured | could not, however,
have anticipated such result, nor would
have expected his compliance with any
wish of mine in defiance ofpublic opinion
To me, there seems less e1tenuation for
McAllister's so peridiously violating the
solemn pledges which were conditions
precedent To his liberation than for the
very grave crime for which he was con-
victed.
II that base ingratitude could be dis
regarded | should have no regret what
ever that efforts OF mine were directed 10
shortening McAllister's term Of imprison-
mert. Since early in 1877 have been
of the opinion that McAllister was entitled
IT, executive clemency, and l have en-
deavored TO accomplish such result. At
that time had interviews with I. j.
Anders, Esq, (who succeeded Hon \. L.
Cation as Prosecuting Attorney Of the
First Judicial District, the latter being
the officer securing McAllister's cOnvic-
tom and Hon. J. r. Lewis, the trial
Judge, asking them to concur in an ap-
piication for pardon. Ex-PrOsecutmg
Attorney Cation recommended pardon at
that date Judge Lewis will state that |
maintained that no pardon should be
granted except Hpon the recommendation
Of the Judge who tried the case and that
the Prosecuting Attorney should have
knowledge of the pending of the appllca-
ton. Gov. Ferry will also state that as
early as that date appeared as attorney,
urging that pardon. Gen Howard, I.
s. army, visited MeAIlister in his cell at
Steilaccop, became interested in his case,
and rendered to Tie that spring his valua-
bic influence, his earnest sympathies.
That year marks his campaign against
Joseph and the Nez Perees, which alone
prevented his cooperation in the unsuc-
cessiul effort then made. My belief IS
that he fled letter favoring the pardon.
The papers upon which the application
was based are on file in the executive
Office They fully justify the Governors
action; upon tie case presented McAlis-
ter was entitled To an absolute and IN
conditional pardon.
On the 14th of December, 1881, Hon.
J. R. Lewis, the Judge by whom Neal
lister was tried and ntencrG, gave To
the son Of the prisoner an able letter re-
viewing the case and earnestly recon-
mending the pardon. 1t was Of itself
sufficient. To have disregarded that ap-
peal, certificate that McAllister had suf
tered sufficient punishment, would have
! been almost inhumanity.
Hon. \. t. Cdtoa, the Prosecuting
Attorney, had recommended the pardon
as early as February, 1877. Petitions
signed q speak from memory) by about
lS0 persons in the spring of 1877, were
filed by me when | filed the letter OF ex-
| Chief Justice Lewis. Among the pe;i-
tioners we're prominent citizens Of Walla
Walia. including members of the grand
and petit iuries.
The majority Of the members of the
Legislative Assembly, accompanied by the
| Governor, in October last visited the pen
itentiary. McAlIister was called up and
made his appeal to the Governor in pres
ance Of the members. had not seen him
for four years. From powerful man Of
large frame he had become reduced to an
euaciate1 imbecile-broken IN health AID
spirits, entirely subdued by hic long Con-
fnement. His keepers united IN attesting
10 his good conduct two of the Peniten
tiary contractors favored his release-ap-
piled for his pardon; both the physicians
of the prison concurred in the opinion that
if he were not liberated, his sentence for
a term of years would prove an imprison-
meut for life Every member who saw
the old man signed he petition to the
Governor asking for his pardon.
With such reasons for a pardon, with
such publicity of application, what need
or opportunity for ''fraudl Indeed, | am
justified in the belief that it would have
been cruelty to have continued the con-
fnement of an aged paralytic, 62 years old
in infrm health, gradually sinking away.
that old man had served well nigh ten
years imprisonment /; far more punish
ment than accorded to many abundan-
rly worse criminals He was broken down;
his property had been wasted away during
his confinement. From easy circumstan-
ces he had become poor. Twice had he
been stricken with paralysis. and nothing
bat his indomitable will and iron con-
stitution had enabled him to survive the
shocks. A son and daughter Just enter
ing upon life's struggle we're deeply hu-
initiated by their fathers Imprisonment;
with atfectionate snicitude they begged
7 II L. h. rae,,-aI %, ,ba,,