The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-07-23
Acknowledgement Haskell Dis
eents and Gives His Reasons
for go Doing.
Doings In the Supreme Court-An Opinion
Handed Down-The Sporting Land
Contest

attorney general, secretary OF state anu ;
state auditor. They met yesterday after
noon and a majority of the board made the
report:
OrF1cE OF STATE BOARD OF PARDoNs.
In the matter of the application of Albert
Jackson for Communication of sentence of
death to imprisonment for life. i
Now at this time the board of pardons,
having under consideration the action of
the governor in the foregoing case, thereup-
on MIR. E. A. Kinney offered the following;
proper subject of clemency at this time, we
do therefore approve of the action of the
governor in committing the penalty and
punishment pronounced and adJudged
against Albert jackson. that he be hanged
by the neck until he is dead, and reducing
the same to confinement in the penltentlary
for and during his natural life.
Adopted.
E. A. KENNEY, State Auditor.
l.. RoTwITT, SEQ. of State.
The attorney general, Mr.. d. J. Ha.kell,
disaented and submitted his reasons there
for in the following strong terms:
The facts OF this case are substantially as
follows: The petitioner herein was, on the
22d day of January, 1880, indicted for kill
ing Bruno Laveille in Skelly's> gulch. in
Lewis and Clarke county, on the 7th day OF
July. 1889.
L SS9sAAA
18th day of March, 1880, and lasted ten days, |
was the most celebrated in the history of
Montana, from the fact that during the
trial the convicted person has steadily de-
MED to his counsel any knowledge OF the
surroundings Of the cabin where the mur-
der was committed and as we'll positively
asserted that he had never been in Skelly's
Rulch and had never been in Laveille's
cabin.
The jury in this case. being out sixty-four
hours, at length came into court with q YER
dict Of murder in the first degree. where
be hung on the 18th day of May, 1880. The
defendant by his counsel moved the court
for new trial, which was on the 2lst day
Of April, 1880, by the court denied, and
from the verdict and Judgment rendered
herein as we'll as from the order denying
taken to the supreme court OF the state.
This court on the hearing thereof and de-
MED the motion for new trial said: (Here
Mr.. Haskell quotes from the supreme court
ruling, and continuing says:)
The petitioner, through his attorneys
upon petitions signed by the jury that
found him guilty and few citizens-du!y
presented to the governor, secured from his
excellency communication OF the sentence
of death to imprisonment Tor life, which
action of the governor q majority of this
board approve. My reasons Tor non-con-
currence are these:
First. That the defendant is guilty Of the
crime of numbering Bruno Leiville as
charged in the indictment;
Second. That there are no exculpatory
circumstances in this case which entitle this
petitioner to the Communication OF the
death sentence to imprisonment for life;
Third. That public justice will not be
subserved by setting aside the verdlcts OF
the jury and the decisions of the courts;
Fourth. That granting immunity to this
man who committed murder to gratlfy MS
passion for revenge is imposing premium
ON crime, farce on law and a trRvesty on
The Jury in this case has fully decided
the first point not only for the prisoner,
but for the people, and the court of last
resort in this state has affirmed such YER
dict 60 that we are not cropping IN doubt
Hence upon an examination of the tran
script, am led to believe that this murder
was most carefully premeditated, conceived
and secretly executed by this petitioner
That the preparation for its committal wal
ton was in furtherance OF a satisfaction O.
his revengeful passions. is apparent from :.
Close and careful inspection of the record
BY what strange concentration o
circumstances was it, that on the day pre-
ceeding the murder the horse OF this DC.
open and his rifle stolen in order that tn
Foundation might be purposely laid, to cas-
the suspicion upon one, of the commits
Of this horrible crime, other than thi
petitioner:
It does not appear, nor has it been at
tempted to be show that the murdered ma
was az any time the instigator of any lega
proceeding against this defendant or en-
cared in any chickering's with him. unit
first this petitioner assumed the initiative
when the Frenchman combatted 1t In fall
neee but with all his native force. Whs
other man is there with a heart q
abandoned and malignant. that when til
wife. and in q moment a widow; ran froI
their cabin and with outstretched hand
bess echingly cried to him SO he advance
with rapid strides with rifle IN hand to ne
husbands body. Jackson. don't kill m
husband, kill me, in killing my husban
vou viii take the bread and lif
from me and my children" his hand woul
NOT have staid in its murderous ,worl
WHY should we be merciful to him who, il
his savage and fiendish joy, looked in til
diving eyes of his victim and exclaime
s.bam the Frenchman," and at the sam
moment sent bullet through his brain an
his spirit into the great beyond!
fail TO find in the record or CLEAN frol
the friends OF this petitioner an
In the least in mitigation of this murde
there is none. It is apparent that the dee
vaa conceived in a bosom teemlng wit
hatred and malevolence, nurtured in Il
Ian Of Yirul0nCe ana revenge. ana CUM
nstino in this mans death, while the d
fense il written in the blood of the
victim.
We arc asked to approve Of the act of t
Governor upon the ground that public ju
30 viii Be subserved thereby. Of wh'
benefit il IL to prosecute the accused al
onnvict of murder to-day and commute
nardon on the morrow? / cannot lend m
sSIf to believe that this iscorrect either
ehoorv or practice. The jury ana the coul
have ineffably branded this petitioner "
easaeein,'' yet it is zealously contended tt
~ s4assaseinn should not have speedy j
fice meted out to him, but that part
vindication of the law will IN this case 9,
~. II that be 80, where is your boast
nenteotion guaranteed to all citizens, bt
Sich ma poore Think you that had this N
kaen rich and worldly rather than as he Y
noOr Bruno Laveille, that the infiuent
noetion Of this community would not p,
served disclaimer upon this proceediI
~ thia commutation is asked for uI
- furfher ground: First, that the j
SSieh oonyioted this petitioner unite II
Soinf request for such clemency.
0oennd, that the means ana manner
~ Si1h 'thoy arrived Of verdict was enec
~ - enmngosnise wherein and whereby u
.ei11oation his sxcellency to comm
~ 1oith ssntencs to imprisonment
81 sanit that The FIRST d true. but Of v
-.SseeS~P 1919 are the names OF the Jul
1S1ifScn Vhich base the request u
Isl ~ ls-,ssen0 nHuund that public Justice