The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-05

have found on the doorstep of the cabin.
A reward was offered by the state for
the apprehension of CARRIERS murderer
as soon as the body was found. and 80
days from the time CARRIER was last
seen alive Cavanaugh was arrested at
Missoula, charged with the murder. He
was tried before Judge De Wolfe and
convicted OF murder in the second de-
gree. the jury recommending him to Inc
mercy of the court. The Judge sem
fenced him to life Imprisonment.
For two years past his friends and
others have endeavored to procure a
pardon for him on the grounds that he
was convicted on circumstantial evil
dence. Petitions and letters were pre-
scented TO Governor Richards in the lat
ter part Of 1896. but he declined to inter-
fere. As soon as Governor Smith as
m the executive office the matter
was taken up again. Since the first of the
year efforts in ~Cavaraugh's behalf have
been undated. and to-day the governor
yielded TO the pressure. granting an I'M
conditional pardon. He sent the follow
ing letter to the state board of pardons
in explanations:
Il herewith transmit all papers on file
in my office relating to the application
for pardon Of Daniel Cavanaugh. con-
victed of murder in the second degree
on the oath day of June. 1883, in Mis-
soula county. o will observe hat the
verdict of the jury recommended Cav
anaugh TO the mercy of the court, but
h judge gave him the limit of the
law. Eleven Jurors now come forward
and ask for his pardon. saying hat
they would not ave given him over 10
years If the jury a fixed the punish
ment. The attorney who prosecuted
Cavanaugh, John NJ. Evans. says that
In his opinion five or ten years was a
sufficient sentence. Judge Woody of
the Fourth judicial district, also sup
ports his application and a large petit
-tion numerously signed is filed in his
behalf. While il is also true that 13
persons ian unlucky number), protest
against the pardon. still considering all
the facts, especially the letters of the
Jurors and prosecuting attorney. i feel
that this man has been sufficiently pun
ished. and with your approval / grant
him a free and unconditional pardon"
Eleven OF the jury who tried Cava-
naugh also addressed the governor in
his behalf. The substance of their let
tiers was that the man had been pun
ished sufficiently; that the evidence was
circumstantial; that q drunken row
caused the crime. one being as much to
blame as the other. and that the sem
tence of the court was too severe since
the jury expected about a 10-year sem
tence.
Frank c.. Higgins also wrote a strong
letter to the governor. He said he heard
the evidence and believed II largely cir
cumstantial. s.. G.. Murray. who assisted
Frank Woody in defending ~Cavanaugh.
Joined I'm asking for the pardon. He wrote
that the heavy sentence had worried him.
He believed the man innocent, and added
tina Cavanaugh had relatives in England
who would pay his transportation home
in the event of a pardon. The petition.
signed by many w~ell-know citizens, also
recited about the same reasons.
The governor acted favorably to-day
upon the petition signed by citizens of
Anaconda. who urged him recently, as
announced i'm the Standard, to pardon
Philip Tracey. serving a sentence i'm the
county jail for assault i'm the third de-
gree. The county attorney, the district
judge and a number of citizens urged the
pardon on the ground that Tracey had
been sufficiently punished. and that he
has a wife and six children to support;
that the trouble resulted from a drunken
row.. and that the person assaulted has
recovered from his INJURIES.
The other pardon granted to-day went
to Henry Grady, CONVICTED April last of
forgery and sentenced TO a year and a
half. Grady passed a check for Sl2.l0 in
a local saloon. signing the name of Sem
ator w. +. Flowerree. Sixty-day diminu-
ton Of sentence was granted i'm the case
of Harry Rogers and Thomas Derrigan.
convicted i'm Jefferson county July % last
of assault i'm the second degree upon Pc
ter Leary and sentenced to one year.