Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1892-05-27
supGs nusreN.H STATEMENT.


Hon. J. w. Huston, Justice OF the
Supreme Court, requested the States
man to make statement for him re-
garding the facts OF the killing OF Jas
Dacev by Dennis Mccarthy in Boise
county in March, 1881; also regard.
ing the trial Of Mccarthy and the SUBJ
sequcnt proceedings in the case.
Judge Huston held ia his hand a
copy Of the Statesman containing Mr..
Hawley's statement and the interview
with Gov. Wiley. Referring to it he
said
at is not true that an application
was not made to Gov. Stevenson for
the pardon of Mccarthy. Such an
application was made, aud Gov. Ste
yenson referred the papers to X. q,
johnson, who was then Attorney Gen.
eral. The latter examined the pa
pcrs and tho testimony and advised
the Governor that there was no
ground whatever upon which to base
a pardon. To make sure OF this
point, have Just been to see Mr..
johnson aud no tells me that he care
fully went through the matter three
times and never found any reason 70
change the opinion which he gave
Gov. Stevenson"
Referring to Mr.. Hawley's offer to
submit the evidence to any three rep
utable lawyers and to forfeit sum OF
money to charitable purposes If they
should not render an opinion sustain
ing the action of the board, the Jus.
tice said:
81 would characterize that as q
bluff. 1t il in the nature OF wager;
and such an expression coming from
lawyer shows that he has but limit
cd knowledge of the ethics of his pro-
fsssion. Mr.. Hawsey had very little
to do with the case. Messrs. Prick
oft and Ainsl,e conducted the de-
Tense; Mr.. Hawley sat by, examined
no witnesses and made no speech"
Turning back to Gov. Willey's in
terview, Judge Huston said: 81 fail
to sec what bearing the prisoners
treatment in the penitentiary has up
on the case. If the marshals and
their deputies have so far violated the
law and nullitied the sentence of the
court as to give life prisoner such
liberties as are said to have been
granted in this case, they are to
blame, and their action did not en-
title Mccarthy to any consideration
at the hands OF the board"
snow | want to say" continued
the Judge, "that | was not notified
that such an application for pardon
was pending. l always appeared
when applications for the pardon O
this man were made, and wou,C
have appeared and resisted this ap
plication had / known of it. AT n,
time since the present board cam,
into power have been informed tina
such an application was pending
Neither was Mr.. Johnson, who had $,
often passed on the case, notified o
the application.
81 prosecuted the case with .h'
late Mr.. Gray and District A,torne,
C. S. Kingsley. Mr.. Gray, while h
lived, always joined with me in resist
ing the pardon. l do not know wha
Mr.. Kingsley may have done, or wha
Judge Broderick may have recon
mended; but they we're both easy
going and may have yielded to tn,
solicitation of the prisoners friends
i, myself, have frequently been i'm
portuned to cease my opposition Il
the pardon.
"However, | do know that at tn,
time Mccarthy was called up for sen
tence, Judge Broderick told him tina
there was not single mitigating fea
lure to his crime. Every body wa
surprised TO hear the judge speak s
firmly and impose life sentence, a
people expected his easy natur
would lead him into leniency."
The Judge, continuing, said If tn
board had notified him of the appli
cation for pardon he would hav
placed them in possession of facts pu,
ting an entirely different face on tn
matter. He then proceeded to Civ
the facts of the killing of Dacey.
The Winnemucca Silver State i
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