The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-18
MANDAN MURDERER Is RESCUED
FROM THE CLUTCH OF THE
HANGMAN's MOOSE.
HIS SENTENCE COMMITTED.
GOV AII1IN MOVED TO MERCY BY
JUDGE M'CONNELL's INTER-
CESSION.
TWICE SENTENCED TO BE HANGED
Legal Battle Now Ended the Most
Remarkable In the Annals of
the West.

Special to the Globe.
BISMARCK, N. D., Nov. 17.-After
probably the most remarkable legal
fight in the annals of the Northwest or
even the whole country, the life Of
Myron r: Kent-twice ordered taken
by a jury for the murder of his wife at
Mandan, in March, 1894-has been
spared, and he will pass the remainder
Of his days in the state penitentiary at
Bismarck, where is also lodged Tom
Swidensky, the ignorant Bohemian,
who pleaded guilty to the actual MUIR
der, and accused Kent of being the
promoter and instigator of the crime.
This decision was reached by Gov.
Allin tonight, after two days Of ex-
haustive argument, in which Judge w.
B. Mcconnell, M A. Hildreth, attorney
for Kent, and H. G. Voss, attorney for
Morton county, where the crime was
committed, participated, and to Nc
Connell, who. as trial judge in the
case, appeared before the governor and
made special plea for the condemned
man, Kent owes the fact that he will
not have to walk to the gallows on
Thursday morning.
The intercession Of Mcconnell In the
manner related is one of the most re-
markable procedures known in the
legal history of the state. At the last
hour, after the governor had passed
upon the applications and petitions for
mercy, denying the request, Judge Nc
Connell stepped in and pointed out the
reasons upon which he based a possi-
bic doubt Of the guilt of Kent, and
asked that executive clemency be ex-
ercised. He sent several kilograms en-
bodying his ideas in brief and finally
appeared in person at the request of
the governor, and occupied a part Of
the day in making q detailed state
ment which doubtless earned Kent his
life.
Early this morning arguments in the
case were resumed, M. A. Hildreth
speaking at some length and urging
the weight Of McConnells request. He
was followed by County Attorney
Voss, who protested against executive
interference with the verdict of the
jury. He held Judge McConnells state
ment to be no good ground for Glenn
ency and argued that Kent was either
guilty or innocent; If the first, he
should hang, and If the latter, he
should go free; there was no middle
ground. All day long the arguments
continued, and it was not until
o'clock that the end was reached. At
about Z o'clock the governor sent for
the deputy secretary of state to at
test his signature to the commuted
sentence, and Myron R. Kent was
snatched a second time from the very
When Attorney Hildreth was inform
ed Of the governors action he was
nearly overcome, so intense was his
excitement. He said in relation to the
matter:
This is good news, and it proves that, as
Kent has always said, the Almighty will not
permit him to be hanged. l have labored for
two years in this without reward of hope
Of reward. 1 spent 81, 400 from my own pocket
in defense Of Kent, and would gladly have
spent much more to accomplish what has
been done tonight. l have followed this
case because felt from the beginning that
the verdict was an injustice and could not pre-
vail. The deeper l go into the case the more
firmly was impressed. Kent has always told
me he would not be hanged: that some power
would intervene. On Tuesday, Nov 10, two
days before the date set for his execution he
wrote me his farewell letter, and in that
he evidenced the first shaking Of this belief.
On Wednesday reprieve was granted and
Wnen saw MIN again ne SAID that after the
letter was written he felt that he was wrong
In doubling. He told my clerk after the gall
lows was erected and ready for execution:
They'll have to tear that down and put it
away, for it will never be used for me-
have had the same confidence and thank God
for the result
You may say that one of the grandest
things that has happened has been the writ
ing Of that letter by Detective Ehrlichman
Read that between the lines, and it is the out
burst Of man whose conscience is gnawing
at his vitals. 1t is one of the grandeSt things
that could have happened for Kent.
Bildreth telegraphed Kent: Fright
and justice prevail. Sentence commut-
ed"
Gov. Allin was seen at his residence
and said the communication was based
altogether upon the statements pre-
sented, the reasons set forth and the
request made by William B. McCon-
nell, presiding judge at the trial Of
Kent No other statement has been
given out
This case Is one Of most remarkable
in criminal annals. 1t was tried first
at Mandan and verdict of guilty was
found and sentence Of death imposed.
1t was taken to the supreme court and
q new trial ordered. It was tried again
at Fargo and the same judgment rem
dered. Again taken to the supreme
court, the sentence was affirmed.
On Oct. last, application was made
to the governor for a communication OF
sentence and it was refused. Another
appeal was taken to the supreme court
on the ground Of an error of the trial
judge in passing sentence. The appeal
was dismissed and a stay Of execution
refused. Again appeal was made to
the governor, and reprieve of one
week granted, on the representation of
Judge Mcconnell The case was again
argued yesterday and today, and now
comes final
SALVATION FOR KENT.
A peculiar feature of the case has
been the intense interest taken by
people in all parts of the state in the
condemned man. kilograms and let
ters asking communication have been re-
ceived from United States Senator H.
c. Hansbrough, Congressman Martin
NJ. Johnson, E. G. Cooper Of the Repub-
1ican central committee; John p. Bray,
Alexander Mckenzie and other state
notables. The governor has been oc-
cupied with the consideration Of the
case to the exclusion of practically
everything else. The official order to
Sheriff Barnes is as follows:
Whereas, William Wiley Pancoast, informed
against as Myron R. Kent, was, on the 9th
day of August 1896 convicted cf the crime
of murder in the first degree, committed on
the 18th day Of March, 1894. near the city of
Mandan, in the county of Morton, state Of
North Dakota, and was therefore sentenced by
Hon. William B. Mcconnell, in the district
court of Cass, In the Third judicial district
to suffer the extreme penalty of death by
hanging and the date of the execution Of
said sentence being finally fixed for the 18th
day of November, 1896, which execution
was by me, ON the 11th day OF November
1886, stayed BY granting to the said William