The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-06-18
A CHANCE FOR JACKSON.
Governor Toole Recommends Com
mutation Of Sentence to I'm
prisonment for Life.
The State Board Of Pardons Will
Consider the Case Early
Next Month.
The Governor Grants Respite Until July
12-The Reasons for the Commu-
tation.

Governor Toole yesterday granted a COM
mutation of sentence to Albert jackson, as
the accompany ng document shows:
To Hon. H. J. Haskell, Hon. E. A. Ken
ney and Louis Rotwitt composing the
board of pardons of the state of Montana;
in the matter of the application of Albert
jackson for a Communication of sentence:
The application for communication of SEN
tence to imprisonment for life is signed by
the jury that tried the case, by prominent
county officials and leading citizens of the
county. The jury we're hopelessly divided
for three or four days. It appears to my
satisfaction that just before the verdict was
agreed to- one or more members of the jury
proposed that as they could not agree that
they render a verdict of murder in the first
degree and then join in a un animous recon-
mendation for a communication of the Sc n
tence to imprisonment for life; that the
minority agreed to the verdict upon this
understanding and would not have done so
but for the belief that the unanimous
recommendation of the jury would be ef,
Ample opportunity has been given
for denial of this statement by the jury,
but none has been made. Whatever may
be said as to the guilt or innocence of the
defendant or of the method alleged to have
been employed by the jury in obtaining
verdict, enough appears from conversations
which have had with members of the jury
to satisfy me that they never expected or
intended that the verdict should be carried
into execution. l am personally acqualnt-
ed with every member of the jury that tried
this case, and my estimate of them is such
that am compelled to conclude that their
recommendation for communication of the
sentence in this case was made in good
faith pursuant to such agreement or for
some otherwise good reason known to
them.
am constrained, therefore, to grant the
request of the jury, which is done accord
ingly, and the case is hereby referred to the
board of pardons for further and fuller ex-
animation.
JOSEPH X. TooLE, Governor.
In order to give the board of pardons
time to consider the case the governor
granted the prisoner a respite until Satur-
day, June IL. The board Immediately held
session. and named July as the day for
a hearing in the case. Jackson received
the news coolly, and said he expected to
secure a communication from the board. He
declines to talk with people, and told the
sheriff that he did not care to see any
one He talks freely with the attaches of
the sheriff's office. The case is one of un-
usual interest All who heard the trial,
with few exceptions, united in the belief
that jackson is guilty of as brutal and
cowardly murder as ever was committed.
The defense did not succeed in breaking a
single part of the evidence of Mrs. Laveille.
an eyewitness to the murder. Two jury
men out of twelve held to the belief that
the man was not guilty of murder, and yet
they were willing to have him go to the
penitentiary for life. But the jury might
better have disagreed and given the man a
new trial than to have established the pre-
cedent which has resulted. The jury rem
dered verdict which they never intended
should be carried out, a very remarkable
result of their deliberations.