Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1892-05-20
MCCARTHY PARDONED.

siderably surprised and indignant last
Tuesday evening on receiving news
by telephone that the Board OF Par
dons, on Monday, had pardoned Den
mis- Mccarthy, who murdered Jas.
Dacey at Granite Creek, this county,
in 1884, and was sentenced to the
penitentiary for life. The jury stood
for long time, II We are correctly
informed, nine for murder in the first
degree and three for murder in the
second degree. A compromise was
finally effected aud verdict OF muir
der in the second degree was brought
in. Judge Broderick, in sentencing
the prisoner. stated that he could con.
slider himself very lucky, or words to
that effect, and stated that he was
unable to discover single extenu-
ating circumstance in his favor. The
unanimous verdict OF the people Of
this county familiar with the circum-
stances OF the case, is that the muir
der was premeditated, cowardly, and
without a shadow OF justification.
They were divided, however, IN the
matter OF feeling as to the verdict
While all agreed that MCCARTHY was
plainly guilty of murder in the first
degree, many did not wish to see a
verdict OF that kind brought in, their
feeliags in the matter being influenced
by sympathy common to humanity.
Dennis Mccarthy had brother and
sister residing in Granite Creek,
and who we're generally we'll thought
OF and respected. To think of the
almost UNDESIRABLE mental anguish
that these two innocent persons would
suffer, and realizing that their punish
ment, il Dennis should be hanged,
would be far greater than that OF the
criminal, caused many person whose
sympathy in such cases is ruling
passion and outweighs any considera-
ton Of cold, cruel and unfeeling JUS
tioe, to breathe a sigh of relief when
the verdict OF murder in the second
degree was announced. 1t was
probably such feeling as that which
influenced the three jurymen who
voted for murder in the second de-
gree to hold out as they did. No
cause could be assigned for the muir
der. Dacey had been joking with
Mccarthy and telling him to look out
for wild animals on the ditch which
he was at that time tending. Nc
Carthy, who had been in this county
but short time, had previously ex-
pressed fear of wild animals. Nc
Carthy did not seem to relish Dacey's
tsunts. They were in saloon in
tho town OF Granite creek. Dacey,
after joking Mccarthy, invited him
up to his house to take dinner Me-
Carthy agreed, and as he started to
go out Of the saloon said he would
return in a minute or two. He went
to a stable near by, where it is sup
posed he procured pistol. He re-
turned, awaited favorable opportu-
nifty, drew his pistol and shot Dacey,
killing him almost instantly. AT the
preliminary examination the plea OF
accidental shooting was not set up,
nor thought OF by the murderer. AT
the trial, however, his lawyers fixed
up flimsy story of that kind, and il
was a bungling job on the part of the
lawyers, or they could not successful
| ly train their client. 1t was plain
case of prcmeditated murder. There
is no disagreement among those who
know anything of the case as to tina,
fact, so far as we have heard. Blu,
there were many who did not wan,
to see the extreme penalty of the law
inflicted for the humane reasons Civ
en- above. The people here cannot
understand the action of the Board
Of Pardons. They may have been
honestly influenced by this plea oil
accidental shooting, but if they had
read the evidence carefully we can,
not understand how they could seri
ously entertain that version of the
affair. Perhaps they did not know
that at the preliminary examination
the idea of claiming that the killing
was accidental never entered Nc
Csrthy's head. When asked why he
committed the murder, shortly aftel
the killing, he said he had to, fol
i"they were beating him to death.