The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-02
A PARDON FOR D00NtY.
Gov. Toole Takes a MercifuI Course
Toward the Ex-Po1iceman
Who Shot Miller.
County Attorney Nolan and Ton
Of the Jurors Join In the
Request.
Consideration for His Family and the
Fact That the Law In Satisfied tho
.l Main Motives

Governor Ioola has granted q pardon to
Michael Dooney, the special policemen who
was convicted on Dec, 3, last, Of shooting
John e.. Miller in the face, and sentenced
to the penitentiary for two years. The gov
ernor' was influenced in his action by
Dooney's previous good conduct, the fact
that his family is without a supporter. and
facts which tend to show up the participants
in a different light from that they appeared
in at the time Of the trial. The papers were
sent to the board of pardons Yesterday.
The governor grants the pardon upon con-
dition that Dooney will abstain from the
use of Intoxicating liquors hereafter. In
his notice to the board Of pardons the gov
srnor says:
t'Dooney claims that the assault was
made under an Older from Miller to hold
up his hands, These words have a we'll
known meaning in this country, and il ac-
tually used at the time c~laimed-when
there was great excitement in the commu-
nifty from the frequency of similar occur
q moro favorable light. Miller's evidence
was given full credence upon the trial, but
in view of his subsequent conviction of the
crime of larceny it is not improbable that
his evidence received more weight than it
was entitled to. II appears from the petit
ton for Dooney's pardon, as we'll as from
dispositions of distinguished witnesses per-
sonally known to me, that Dooney's pre-
vious character has been good. ] am also
satisfied from personal knowledge that he
has a respectable family whom he has
heretofore supported, but who are now OBJ
iects of public and private charity. His
wife has the care of five infant children,
while she is in a delicate condition, about
to be confined"
County Attorney Nolan, in his letter to
Gov. Toole recommending the pardon, re-
viewed the circumstances of the case, and
states that on the trial Miller, the prosecut-
ing witness, evinced pronounced hostile
feelings to Dooney. He calls attention to
the demand Miller made on Dooney, and
the high state Of excitement prevailing at
the time; also to the previous good charac-
ter and habits of the officer. TIL county
attorney says that in the prosecution of the
case he was led to believe the shooting was
wanton and u~nprovoked, and that Miller
was not a quarrelsome man, and so think
ing he did not attach much credit to the
statements made by Dooney. Things have
that there might have been something in
the statements made by Dooney, as Miller
has shown by his conduct that he
is not possessed of the exemplary
disposition which the evidence tend
ed to show at the time of the trial.
Col. Nolan is further satisfied
that Dooney is a man who has borne an ir-
character, and there has come
to his knowledge evidence which satisfies
him that he is not the character of man for
whose benefit penitentiaries are main
tanned. He says he is further Of opinion
the ends Of Justice have been sub
served in this case by the conviction and
imprisonment up to this time The county
attorney refers TO the helpless condition of
Dooney's family, and concludes with
the statement that no good can be
by keeping him in the psniten-
tiary longer.
A n%umerously signed petition, to which
is attached the names of all the jurors ex-
cept two, one of whom is out of town, asks
the pardon or the ground of previous good
and for the sake of his family;
in the belief that is liberated he will alb.
stain from the use of intoxicants.