The Helena independent., 1894-10-12
ALFRED BOYER IS FREE.
The State Board OF pardons Con-
firms Gov Richards Aollon
in the Matter
Ho Is tho Most Unfortunate OF
Mon or IA Great
Villain.
The Governor aud Hoard Declare him
Innocent OF Crime Killed HIS
wife Ysars Ago.

Tho board OF phrdons by q iwo-thiris
vote Yesterday conf moi tho hotion Of
Gov Richards In granting executive elom-
tney 10 Alfred Boyer. who ie serving n life
sentence In the Deer Lodge penitontiaTy
iof the mufdot OF his wife. Attorney Gan
eral Haskell aud Secretary OF State Botwltt
voted In favor Of tho pardon, and State
Auditor Cook voted against II.
Ibis case has attracted more than or
dinary attention throughout tho state. The
killing for whioh DoTor was sent up from
Deer Lodge county on a life sentences oc-
cure In 1895. To those familiar with the
matter II must seem that Boyer Is either
one OF the most unfortunate Of men or
else one OF tho worst Villainn on the face
OF the earth. HO hss had strong friends
who believed him Rulltloas OF orimc, and
these friends have worked with tirslsas on
erRy in his behalf.
The story OF the deed that sent Boyer 10
the peni,sntiaTy. a. !, was supposed, for
life Was read with ihleres, oil over the state
when II occurred. Boyer had been msrriOd
no great while TO young aad pretty uife.
The two seemed 10 get along very we'll 10
gether until the wife became Ill. ID was
during this illness that she bseams Gome-
what shrswish and violent. 60 il 10 alleged.
One niahs while BoJsr sAs Ia the room
with hlr wife she grabbed q revolver ana
threatened 10 shoot him. He took The gun
away from her aud iumpsd through the
window into tho yard. BoysI's father. Who
was 10 nm adjoining room nslssp, ksAId
thu nnlua and kaEEtaAlv IT
he rushed into Mrs.. BoysPs room.
just then. tho youss man came through
the house and stopped al .hs door Of his
wlfe's room with the revolver In his hand.
According TO young Boysr's aseount, Mrs.
Boyer jumped up and seized the pistol with
both hands. In the struggle whiah fol-
lowed the gun was discharged and the bal
let piofosd the unfortunate vemsn's heart.
The old man was In tho farther snd Of tue
room lighting lamp. and he did not see
the shooting. Boyer said 10 his hsrfihea
father. Il will now kfll myself" HIS
father exclaimed: III Jsu do 80 they will
accuse me OF having mur iored on BOTH
Boyer answered; II will leave a note so
that ron will NOT be harmsd" The thor
o19hlJ fh9hsened cid man lsf. for the
officers, and Boyer went out ipto the yard
TO kill himself, so hs ssid al the tins. B,-
fors leaving ths house 3 he husband wrote
the following Eots and loft |, on tho table:
. II killed my wife and then killed myself,
Don't do anything 10 father"
When Boyer GOT cut into the yard his
courage seemed TO fail him and instead of
shooting himself he went into the houss
and laid down on n lounge beside his dsal
wife. Ths officers found him there asleep.
In the trial that followed he al all times
claimed that the shooting vas accidental.
TIE Jury before whom the case was tried
the nrsr limo brought in a verdict OF guilty
Of murder in the nra degree. Tho defsnes
obtained a new trial bsosuse Of some sow
and important evidence. The eyiienss
was tho fact that Mrs. Boyer's niRht cevH
was powder stainsd and burssd, showing
shat the muzzls of the gun had b,sn aeais 81
her brsast when the shot that ended her
life was nrod. Beysr vas found guilty of
murder In the ssoond deeres eu the second
trial. Tbs case was tried before Judge
Galbralth, who nov with tbs then prose-
cutting attorney w. Y. Pembsrton, recon-
mends executive elemsney. Hiram
; Butte. conducted the defence.
About thros years ago the friends Of
Boyer began 10 tako steps tsvirds s,cur.
ing a pardon for hin. They have been On .
efRetio in his behalf in all the ennuinz
] tim0. aud have secured hundreds Of names
10 the petition 70: executive clemsncy.
2 Gov Richards Ia his letter 10 the board
relating to Boyer'a pardon, sars; "a con-
sensus o. opinion among those familiar
with the citcum,tanees bearing ON tbe cas-,
, is TO the effect that Boyer 10 being unjustly
1 punished. and that groyIOus W oHg 10 be-
ing inflicted upon him. Among tho pApsrs
V hereunto attached. and % which your at
tention 10 rosreetfully invito5, 10 q pstitioa
I! which alleges: From credible ana el,sble
information We are satisfied that the kill
, ing was accidental and not uiiful.' This
| Ia "a L.. l.
senate OF Montana aud bys large mum
Der Of the mSmbers Of tbs lower
D house Of the Legislative assembly
Nearly every osuHty In the
. state 10 represented In this appeal for ths
pardon OF Alfred Boyer. Hon. Hiram
) Knowles. who defended Boyer In court,
: submits long statement Of tbs case from
} tho standpoint OF jur!o, and az nm attor-
ney who enioyed the confidence Of hi,
client lie is Of the firm belief that Boyer
D skot his wife accidentally aud that there
was no criminal intent In the nct. lie
=. cites a number OF oircumstanc-s connects sd
with tho case 10 warrant a strong presump-
tion that BoJer is being uniustly punished
| for the crime Of mu der. and concludes his
statements With ploR for his pardon"
!, horo has been an EARNEST opposition %
the efoitH made 10 secure a pardon for
r BoJce. number Of we'll knowa citizens
OF Deer Lodge county believe that Boyer /,
guilty OF wilful mufde'. These peopla
while not having any personal feelings
against Boyer. are familiar with the facts
10 OF the cnse, aud have opposed the pardon
only on the ground that justice ou.ht moi
to bo th wArted. Anumber OF letters uro.
B citing against the pardon were sent tc
members OF the board. The fol,owln.
II ON Pote' Walton. n we'll known citizen
Of Deer Lodge. 10 Secretary Of State Rot.
i witt, Is n fair sample Of the others:
Dear 5iE Our little community q
: umhzS1 nt the action OF Gov. Riekarda ia
y pardoning Boyer. Tho ground OF parlor
:, as stated 10 not warranted by facts. DR.
u Mitchell and many OF our prominent oiti
zsus, as wOll M nsig hhors. who o familia
c with tho case pronounce il tho moat cold.
blooded, unonllsd for murder over perpe
tratod in Montana. A transcript Of tht
evidence OF tho case will convince Won
honorable body 10 the fact that tho pris
oner was ably defended. The verdict o
the Jury WAS n surprise 90 tho court an,
: community. ] fully know tho iuau. do no
: wish 10 do him injustice bat uphold th
} supremacy OF our iaws rs tho safeguard o
( ou' social eXistencc.'
That Joyful Feeling
U with the exhilnrhtiug sense Of rsnowe
] A