The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-25
PARDON Twice REFUSED.
Tho Board OF Pardons Again Declines
to Set John Rowand
At Liberty.
Three Governors Were Petitioned
for Executive Clemency
in Els Case.
Were Filed Against this Granting
OF 4 Pardon.

#N|. VIZ ~
The state board of pardons has for q SEC
ond tims refused to pardon John A. Row
and. who 10 now at Dear Lodge under life
sentence for q murder committed at Butte
some years ago. Secretary kotwitt and
Attorney General Haskell voted against
granting tins pardon, the third member Of
The board. State Auditor Kennedy. voted To
grant the pardon. Rowand's case 10 a cels-
brated one. Three governors have bssn
pstitioneA for executive clsmenoy, and See
rstary Blaine, on the ground OF intsrna-
tional courtesy, asked that Rowsnd b. re-
leased. Altogether it is a remarkable case.
Rowand was convicted Of killing Joseph
Buasiers in = saloon ut Butte. The jury
found him guilty Of murder in the second
degree and fixed the punishment At impris-
onmsnt for life. Judge Dc Wolf denied
RowAnd = new trial and an appeal war
taken to the territorial supreme court and
tho judgment affirmed. In rendering the
opinion Chief Justice Mcdonnell said: I'VE
havs looked carefully into the testimony,
aud do not see how the result could be
different, If a now trial was had upon an in
diotment which conformed to the facts in the
case. There we're thirsy-ons Instructions
drawn with great skill, covering svsry con-
coivablo phase Of the case. especially the
law Of self-dsfense, drunkenness and rsa-
sonable doubt. given at the request of the
counsel for tbs defendant, winding up with
ths admonition that it is better for ninety
nine men to escape than one innocent man
nh1r1IF L. -, - ;uI,n IL @ NJ .~k.--A:>- .l.~a
for BY the defendant was refused. Willis
the punishment Assessed by the jury il Sc
vers We cannot Say, under all the proof,
that II i too great for the defendants rash
n Incorporate act"
Great interest was taken in the case on
the west side of the range, and several Pc
titions were sent to GOV. Tools asking for
Rowand's pardon. Among those who in
tersstsd themselves in his behalf are George
". Irvine II, Charles s. Warren, NJ. j. Con-
nell, D. ]. Hennessy, John r. Forbis. Dr.. G.
F. Mussigbrod, A. j. Seligman, H. L.
Frank, w. A.. Clark, w. Y. Pembsrton.
Several members of the jury which found
Rowand guilty Joined in the application
for his pardon.
The board after some elaboration re-
turned to Gov. Tools the petition and mott
6cation OF pardon without its approval.
During the absence Of the governor in
friends applied to Lieut-G GOV. Richards. who
ON Jan. Z granted q pardon conditioned
upon Rowand's abstaininR from the use of
liquor while . resident Of Montana. Since
that time tho case has been again under
censideration by ths board. Protests from
board. Among the signers are Ex-Mayor
Owsley, of Butte, b. E, Calkins. j. w.
GsnzbsrQer and Simon Jacobs. A petition
from Anaconda with numerous signers
saya: I'VE believe that the granting Of
such a pardon would defeat the ends of
out to Row.nd by the court before whom
he was tried was nerited. We are familiar
with the facts Of the crime for which he
was tried and convicted, a. published in
the press Of the state, and AZ addaoed in
the trial, and when we.state that the grant
ing ofa pardon to John A. Rowand would
t q: an act At variance with jqs-
good citizens Of Deer Lodge and Silver
Bow counties we express the sentiment of a
large numsr of tho best citizens OF those
counties. We have boen reliably informed
that q few men havs interested themselves
your honorable body that a large proper
ton or at least u large number Of Mon
tana'sb best oitizons are in favor of his par
don; this we believe, after inquiry, is not
true, and are convinced that If your honor
nble body will investigate these representa-
tions you will find them u%nfounded. This
protest is signed by merchants, miners, real
estate mon, attorneys, builders and Others.
While the board had the case first under
confederation, Rowand. under date of Nov.
g. 1891, wrote toa prominsnt citizen of
Helena. as follows: ."'Your favor OF the 9th
a. nnA ~ FIR - ~-r ~~{ toad Au-.As- - -u.
tainly encouraging but | dare not allow
myself to believe that our hope of my
spending Christmas as hons. will be real
lied. In case of 3 slip the disappointment
would be too great. | cannot but feel most
grateful TO you and other friends who are
working so hard for me, NO matter what
the result may be, l shall look for the
HAPPY termination in a faw days now.
Very truly yours, Jno. A. Rowand."
Thomas Stuart, a veterinary eurReon at
Deer Lodge. made an emphatic protest on
Jan. l6 against a pardon. HIS wrote to the
attorney general that Rovand should ss,vs
his sentence, II have personally known
him." writes Mr.. Stuart. "sinos his arrival
in Montana, and can conseisntiously say
that l have never known one good act OF his
since that time, but many that were bad.
There is no doubt but he was the indirect
cause OF his wite's death, and he was al
WAYS making gun plays and posing as a
""N ", ~ho AtHAA AoPS yOAt AOIlOEdulo!
body will not be deceived by false state
ments by his friends or those working in
his intti ests.'
Rowand has been in the psnitsntiary
since 1888. He is said to be q we'll behaved
prisoner and acts as bookkeeper for the !
prison contractors, Conlsy Il Me-
TaRue, and is not undergoing
any unusually severe punishment. The
of his crime is familiar. He GU
tered a saloon in Butte and after some
words with Potter Martin. the barkespsr,
who refused hin: q drink, tirsd at Martin.
ball struck Joseph Dussiere, who was
standing back of Martin. Bussiers died in
few hours, leaving n widow and feveral
small. children. Rowand WINS said to have
and well-to-do relatives in Can
ada who interested the British government
IN bis Gaze. with the result that Secretary
Blaine asked for Rowand's pardon. Row
Rnd's first application for executive olem-
was made to ox-Gov. White, tho last
governor of Montana.
Every man, woman and child should buy a
Lioket to the proposed dramatic enterta,nmnnt
Tor the benefit of 81. fster's hospital. and thns
this institution to meet the deEciencv
incurred by doing works of charity.
@ Not W. Il. Goodins.
To The INDEPENDENT. Sir: The w. T..
iooding Of whom mention is made
p yesr firth page in to-day. paper, vho il