The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-08-18
WAS PARpONEp YESTERDAY
Albert ieingslsv's Peculiar Case Trough
ca Natlon Again.

to Notlos Again.
The board OF pArions yollsrday unanl-
mounly approved the action OF the
governor In granting freo and unoon-
ditional pardon 10 Albsn Kingsley. who
was sent up from Deer Lodge county for
grand larceny. The rsqusot for executive
olsmsnoy ia signed by Er-senstor Thorn
,on, Geo. r., Winston, Judge Bfantlsy,
County Attorney Rodgers aud other promi-
nent mon Of Deer Lodge county. fiom
the evidence presented 20 The governor
thofe are strong Rrounds for believing that
the men who secured kingslsy's conviction
we're not above suspicion themselves, and
forcing him into prison. After bis
arrest Kingsley was confined In
jail fof many months without a
trial The governor says In hia letter 10
the board that II would only bs justice 10
20 take from hts aentsnos, which was =
vsry severe one considering tho clfoum-
stances, the time he h,d spent Ia jail
awaiting trial. kinslsy was nrfestod in
Oetober 1891 for q crime alleged 10 have
bsen oommiltsd on Nov. !, 1889. He was
held in the Deer Lodge jail until nfrt
summer. when he was QlVsn trial on tho
charge OF grand lafency. lie was oon-
yiotod on an information. while uudsr
the territorial law, which eniated ~ tho
time tho crlno wba committed. he should
have been prosecuted only under an in
dietmsnt OF the grand jury.
This case. ot tho time II occurred. Az
tractsd much attention iD legal circles
throughout the state. II was peculiar
case In many respects and the points passed
upon caused considerable comment.
kingsley's lawyer believed that an injustice
had been done his client 80 he took tho
matter TO the supreme court on motion
In arrest Of iudgemsnL
The constitutional law provides that con-
vietion In a court Of the state for felony
committed In the territory prior 10 tbs
adoption OF the constitution cannot be
sustained where the prosecution was BY
infotmati0s, as provided bS the constitu-
tion and the ACT Of March 2. 1891. relating
thereto. as the provision Of the federal
constitution guArantseina 10 the accused
the right TO be prosecuted through the
intervention OF grand jury. was.
at the time OF the commission OF
the ofenss. the supreme law Of the
land. and the substitution by tho state con-
stitution Of prosecution by information In
place of that BY indictment. not being a
mattsr affecting ths procedure. deprived
the accused Of q substantial right. aud gave
snid act q Retrospective operation.
Auo hcoubou was ontitict w tuo pftheuJ-
mont by grand jury on Nov. l. 1889. the
time OF the commission OF tho alleged Of
fenss. Having the right at that time. ID
could not be taken away. The constitution
OF ths state did not become operative untii
Nov. 3. 1889. and tho aot Of the Legislators
authorizing proceedings BY information
was passed March 2. 1891. This act In rela-
tion TO effsnses which previously could
only bs prosecuted by Indictment when
applied to any offsnss committed before its
adoption. operates rotroupectivsly and 10
| therefore void as 10 that otfsnss. In view
OF these facts the supreme couft Rr anted
the motion In arrest Of Judgment and re-
manded the case.
Howsvst. before the case came mp for
trial again. Kingsley's attorney became
convinced that his client would DO con-
victed, although the evidence against him
was entirely oitoumstantisl, and with the
consent OF tho court Kingsley was allowed
10 plcrd guilty. This he did, although he
maintpinsd 81 the time AZ his alto ;ney does
yot in letter TO the governor, that judge
Durfee. who triod the case. was prciudiced
against him. Judge Durfeo sentenced
kingsley TO ivs years in ths penitsntisIy.
which was considered by many people ia
miliaT with the case, very s0vere sentences.