The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-17
NOT A GOOD SUBJECT.

The Governors PaSdon Of Martin scott Is
DisapprOvod.
Gov. Rickaris recently granted pardon
20 Martin Scott. convicted In Fergus
county. June 9, 1892. Of burglary in the
second degree, and sentenced to the peni-
tentiary at Deer Ledge for = term of three
and half years. scott was q years Of
age a, the time be entered q saloon at
Iewistown and took quantity OF liquor,
sto. A numerously signed petition 10 the
governor asked for the pardon on the
ground that Scott was drunk AZ the time
he committed the crime; that be did not
have LAWYER, aud there ore pleaded guilty;
and taat he had previously been an indus
trious fellow and bore good character,
When the board Of paTaons met yesterday
70 consider the governor action fney found
a protest from Judge DRdlsy DlBose, be-
fore whom Scott vas tried snd who sen
fenced him. The letter OF Judge Duboae
read az follows:
Il most respectable protest against your
approval OF tia action Of tho governor IN
pardoning one Martin scott convicted OF
burglary in June. 1892. and sentenced 20
three years aud half in the penitentiary.
am certain that the facts have been gross
" misrsuresentel TO tha goVerno or else
he would never have recommended his pa
don 70 your bnafd.
he reasons lOE Ms hfAoui ~ gwen III
the newspapers, are: First. thai tie de-
PENDANT vas drunk. which II fact would
not b. anV legal excuse o. justification for
the crime charged. Ihs fact il, as appears
from the evidence that Scott hal been
drinking, bot be was not 50 drunk that be
did not know perfectly well what he was
doing, AID witain = short time after the
comm iasion % tie crims threatened - kill
a certain man ~ be gave lin. the defend
ant % 10 the Authorities.
The second rsason given by tho CoVer-
nor for pa doning this defendant Is that be
did not have a lawyer and that he pleaded
guilty. The f6cts as you will see from the
certified copy Of the proceedings OF this
ease, herewith enclosed. are that the de-
fendnnt did have lawyer and did not
Head guilty until after tie state had rested
its case. aud then he asked leave Of the
court 20 withdraw his plea Of not guilty
and plead guilty. The reason that to
pleaded guilty a. this time Was that there
was No escape for him aud he thought that
be would receive some leniency from the
court.
The third reason assigned by the COVER
nor FOR his action IS that the defendant
waH man Of previously good charac ter.
This Is not fact; on ths contrary. / vas
Informed By good citizens Of the town a.
that time that although this man may
never have Committed crime prsvious TO
this. he did what vas much W0rse-nRmslv.
liNed upon tue earnings OF tH.leu Wume d.
lie was never known IS an uiustrioua
man, bet was known az q common baIgoon
loafer
81 send sou 4 certified copy OF the rec
ords - the court IN the case. and II you
desire u will have the stenoRra pher write
out a copy Of the evidence IN ths case.
from which you will see that 70 is rs plain
and deliberate case 81 burglary gs was
ever roysn Ia q court Of Justice"
AitoT reading this y oieaL she board Of
Torions - UNANIMOUS vote decided not
20 approve the governors action. 10 vas
tbs Grst time IN o long while that tho entil q
board lad voted against approving par
den BY the governor
Scott IL "a native Of Iowa. and has reia-
tives living Ia North Dakota.