The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-04-16
AWAY WITH JURIEs.
With Such O,nnipotence in the Execu.
tive Chair We Need No Courts.
Dillon Was Pardonad Because the Gov
ernor Thought Him Insane-what Was
His PulIs-A Singular Case.

tsWhat was Dillon's pull?'' was a
question frequently heard On the street
yesterday, and one that could not be an
sWered except by surmise and conjecture.
mat the governor should free the perpe-
traitor of what was denounced by all at
the time of Its commission as a cold
blooded murder; that the pardon should
be granted ia the face of the earnest pro-
tests OF the trial judge and prosecuting
attorney, and in violation of the COVER
nor's promise to give the assistant prose-
cutor hearing, that the pardon should
have been granted and the criminal re-
leased on Thursday morning and an eff
lori made TO suppress the fact
until the following day, are only
portion OF the mysterious
features that surround the case, and
there is firm conviction in the minds of
many that there is some underlying mo-
tive that has not yet came to the surface.
Taken all together it is one of the most
singular cases on record, and the explana-
lions that have thus far been offered by
the governor have a tendency to mystify
rather then enlighten. To a HERALD
representative yesterday, his excellency
stated that there seemed TO be an over
whelming demand for Dillon's pardon;
y
ers, aswell as the insanity experts, who
testified for the prosecution at the trial,
who now stated they believed Dillon to
have been insane.
THE OFFICIAL GROUNDS.
Whatever considerations may have been
presented to the governors private ear
there are no means of ascertaining, but
the official record gives the grounds upon
which the pardon was granted, and reads
as follows:
Know sll men By these presents. That,
whereas, Malachi Dillon was, in the month OF
November. 1891, in the First district court OF
this territory convicted Of the crime Of rolun-
tary manslaughter, and was sentenced TO the
Utah penitentiary for term OF nine years,
and,
WHEREAS. II appears from papers on file in
my Office that he was not sane at the time he
committed the ofTense for which he was tried
and convicted, and that this was the
unanimous opinion of the medical ex-
perts who testified 81 the trssl for the
prosecution, as well as for the defense; and 1t
further appearing from an overwhelming mass
OF papers from citizens OF every party, class
and creed that clemency may safely and wisely
be granted,
Now therefore 1, Arthur L. Thomas governor
OF said territory, by virtue Of the authority in
me vested, do hereby, and on this date. grant
unto the said Malachi Dillon full and COM
plete pardon for his said offense, and hereby
direct the United States marshal or other OH
Ger who may have him in custody TO let Malachi
Dillon GO free without delay.
In testimony whereof have hereunto set my
hand and caused the great seal Of the territory
10 be affixed.
Dated at Salt Lake city, this 18th day Of
April, A. d. 1885,
ARTHUR L. THOMAS. Governor.
GOVERNOR, JUDGE AND JURY.
1t will be seen from the above that the
governor turned Dillon loose chiefly on
the ground that he was insane at The time
he committed the crime. This question
was raised at the time of the trial, expert
testimony introduced on both sides, and
the jury, sworn to try the case, decided
that Dillon was sane. But the governor,
assuming the functions of judge and jury,
gives the question rehearing, and as the
district attorney has said, upon the ex
parte statements OF persons not under
oath, decides that Dillon was insane and
not responsible. is it any wonder that
the public should be amazed, or that an
official yesterday should have asked the
question: eff such criminals as Dillon
are to be turned loose, what is the use OF
going to the expense and trouble OF cap
ture and trial?''
THE PARDON RECORD.
District Attorney Varian stated to a
HERALD reporter, on Friday, that up
wards of ninety pardons had been granted
by Governor Thomas. An examination OF
the records at the executive office yester-
day showed that Mr.. Variants figures
were not correct. The exact number is
1877. The governor explained that fifteen
or twenty OF these were granted by Sec
rotary Sells, while acting governor, and
that many of them were granted to con-
victs who had nearly or quite completed
their terms of Imprisonment.