The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-08-15
TWO ARE PARDoSED
DAVID y. Spencer asd 1boS. MoCsriniok
Ars FFss Mon.

Afo Tres Hous
Tbs boa Of pardons yesterday uuani-
mousiy confirmed the action OF tho Cover
nor In granting q conditional pardon 10
David Y. spencer. Spencer. on bspt "a,
1891. aho, and slightly wounded Jas Wall
dudnR an alteration between tho two In
Cho,sau county. lie believed ,ha, he was
acting In self defense at the time of the
shooting. spencer was convicted Of assault
With Intent 10 commit murder, and was
given a sentence OF seven years Ia the peni-
tSntlarg. lie has served nearly three years
ot that sentence. eud ia now, according 10
the testimony OF tbs peutonsiArT phYsi-
clan al Dear Lodge. slowly bus SURELY dying
from consumption. Jas. Wal, the man
upon whom the Rnsault was inflicted. now
joina with many others In the petition ask
ing Tor ersoatiVs clemonoy thai Ia attached
10 bpsnocT's application for par
don. The petition Is alaO signed
by seven OF the iurYman who found SPENCER
guilty, Judge Daljose, who passsd sentence,
tho sheriff. ths clerk Of tho court, tgo
county commissioner aud maDJ pro
mlnent people OF Chotesu county, All OF
whom are fAmiliaf With tho case. The
pardon is granted on the condition that he
will hot return 10 the state. Ia few days
Spencer will DO sent 10 Texas 70 pass the
few remaining days with his BO-IeoT old
father and his friends OF bis boyhood days
Tho board by two thirds vots approved
OF the governors action la granting IbOL
Mccormick free and Unconditional par.
don. Attorney Gen. Haskell aud bso,otarF
OF State kotwiu Assent0d and State
Auditor Cook disssntOd from the action Of
the governor. Mccormick was found
guilty IN the Meaghsr county district court.
Ia May 1891, Of n charge OF assault with in-
tsnt 90 commit murdeL aud Waa
given sentence of eight years
q the psnitentiAry by Judge Henry
bsIoYs whom the case wac trteI. Although
convicted OF the serious ohAIge OF assault
with intent TO commit murder, II appears
ftom the fnnts OF tho ense that he could
have been held for manslAughter only even
had his victim died. The man assaulted
Jid NOT die. Upon this is based MeCer-
mick's petition for pardon. The penalty
for the crime actually committed, which ID
oeeded by one yoar.
Tho story of the crime for which McCot-
mick has served timo Is ns follows A man
who worked for a com, any at sheep Creek,
Meaghsr county. owod McCormiok -.
AMI In payment gave Mccormick an order
for that amount on the company, 10 being
10 debt 10 him. When Mccormick pre-
sented the order 10 Manager bsweli OF
the oom peny for payment. that gentleman
refused TO honor IL, saying that he yasn'i
doing business tnst way. Mccormick said
that he (Sewell) had honored orders OF that
kind before and ssvell said he never had.
Upon that Mccormick called Sswell a iiai
and seweli knocked Mccormick down. On
picking himself up Mccormick pulled a
gun and Cred at Sswell iDflioiing upon him
n slight wound.
A Mccormick had no money his case,
when 10 came no for trial, was given to tive
attorneys w the court. His PETITION fol
pardon 10 signed by Ssvsll. who says b,
thipks Mccormick has bsea punished
enough; by N. b. Smith. the prosecuting
attorney. who recommends executive elem
enes on the groand that Mccormick wal
not guilty of intent to commit murder. aud
by large number OF prominent citizsns OF
Msngher county. The application was &C.
compdnisd by petition from shelby
county. Kentucky. which tolls Of the hon
orab,e station Of the Mccormick fsmili
there. and of the good character OF Thos
Mccormick at bis old home.