St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-02-21
FOR LIFE OR LIBERTY.
A Singular Case Before the
Supreme Court Yes
terday,
In Which a Pardon Was Is
sued With a Big String
to It.
Thomas O'Connop Pardoned
On Con dition That He
Quit the State.
Rearrested and Ineareerated
in a Most Cruel Stu
alton.

The most priceless boon that man en-
joys on earth is his liberty. Liberty is
a sacred thing" an Ameri can writer
has said. But there is an occupant of a
gloomy cell in the state prison at Still
water who will tell you that liberty, as
far as he has experienced it, is mock
cry, hollow freedom that leads on to a
greater misery.
This man is Thomas O'Connor. whose
pardon and subsequent arrest and re-
turn to the Saltwater prison are familiar
to many. He was indicted for murder
in the first degree in LIE Sueur county
on Sept. 8, 1880, tried and convicted,
and on Dec. of the same year was
sentenced to serve the remainder of his
days in the state penitentiarY.
But after several years had passed his
friends took up his case, and i'll due
time petition for his pardon found its
way to the governors office. Its Signers
included nine of the jurors who found
him guilty, the attorney VINO prosecuted
him, and many of the citizens of LIE
Sueur county. On the 1st OF October.
1890, Gov. Merriam issued pardon to
O'Connor. and the day following he was
been confined for ten years, on condi-
ton that he leave the state.
Before the Supreme Court.
Last Saturday, in the supreme court.
Judge Nethaway, of Minneapolis, as
counsel for O'ConnOr, presented all ap-
plication for writ Of habeas corpus.
Judge Dickinson has sustained this aD
plication and issued an order that
I,oI It lNnfn itO
supreme court on the 9th day of next
April for hearing of his plea.
The application which Judge Netha
way filed is an interesting document,
and reclteS the facts in the case. The
point is raised that Gov Merriam. hav-
ing given a full and complete pardon,
had no authority to order the mans
sentence to be continued or to have him
returned to prison before a jury or a
court had decided that he had violated
his parole.
Tie application recites the facts al
ready given in regard tG O'COnnor'S re-
lease. On Oct. 2. 1890. he came to st.
Paul from Saltwater, and notified his
wife, who was then living at Medicine
Lake, Blue Earth county, that he was
pardOned Oh condition that he leave the
state, and notified her to sell at once
what property and household goods
they had and to join him in st. Paul.
In accordance with this request she
disposed of their property, and on Oct.
10, 1890, purchased ticket to st. Paul.
When about to take the train she was
stricken with paralysis, and conveyed
to the home of one John Dillon. O'Con-
nor was at the union depot, and on her
failure to come Oh the train he expected
he telegraphed for the reason. He re-
ceived an answer from Mrs. E. j. Mehl-
born, of Medicine Lake. stating that his
wife was at the point of death and to
come at once. He took the first train
and got off at EySian, in LIE Sueur
county. He hired horse and rig and
drove in haste to billions house. From
there he
Went for "a Physician,
and few hours later started back for
Elysian to have prescription filled
which the doctor had given. This was
on Oct IL. 1890. He returned to Dillon's
house, and, after making all arrange
ments for the comfort and care of his
wife, he babe her goodbye and started
for Elysian to take train tor Detroit,
informed that no train would leave
until Monday morning, Oct. Is, this
being Saturday evening. He went to
the house Of Eric Young to seclude
himself. While going from Young's
house to the station Oh the
Monday morning he was arrested
by people unknown to him, and,
instead of taking the train. was
handed over to the county attorney, who
lodged him in Jail. Here he remained
until Oct. 16. when Gov. Merriam, with
out legal ceremony, without regard to
the facts. and with a disregard of all
established practice, committed the man
he had pardoned to dungeon again, to
spend his life there.
O'Connor had already shipped three
chests OF tools to Grand Rapids, Mich,
where he intended to work. The receipt
for their shipment from the freight
agent is attached to the writ Of applica-
ton filed by Judge Nethaway.
The papers further state that applIca-
ton was made Judge WilliSton, of the
Washington county court, for writ of
habeas corpus. 1t was granted on the
18th of last month, and on the oath the
Judge remanded O'Connor back to pris
on. No evidence was introduced, but
the court conceded the facts to be as re-
lated. The appeal having been so
quickly recognized by the supreme
court gives rise to the impression among
those who have interested themselves in
O'Connor's case that his release will be
ordered
Gov. Merriansin his pardon did not
state the limit of time given O'Connor
to leave the state. The latter is now
fifty-four years of age, and is falling
rapidly. 1t is said that the prison au-
thOrities desire his release, as his record
in prison is nneXcelled and he always
has shown repentance for his crime,
which was prompted while under the
influence of drink and when he had
been greatly angered. He alleges in his
petition that Ross Fouley, sheriff of LIE
Sueur county, when he was pardoned
told him he had three weeks tosleaye