The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-20
YOUNG KELLY INNOCENT
He Was Wrongfully Convicted
of Robbery in Billings.
SENT UP FOR FIVE YEARS
The Real Criminal Makes a Confession
and Governor Smith Hastens to
Grant Kelly an Unconditional
Pardon-A Strange Story.
Special Dispatch to the Standard.

Special Dispatch to the Standard
Helena, June Ex-Governor Smith to-
day performed an act that he believes
will partially right the grievous wrong
that has been done Edward J. Kelly, a
young man who is serving a sentence
of five years in the penitentiary. After
having been onvicted in Yellowstone
county last year of robbery, proof that
appears to be beyond the possibility of
a question was presented to the gov
ernor to-day that Kelly is innocent of
the charge and that another man now
serving a term in the Oregon state pen
itentiary is the guilty man. AS soon
as the matter was laid before the gov
ernor he exercised his constitutional
prerogative and granted to Kelly a free
and unconditional pardon. The board
of pardons will act upon the pardon as.
soon as the law will permit, and there
is little doubt that Kelly will soon be
free man.
The manner in which it became
known that Kelly is suffering for the
crime of another would furnish a plot
Zola. or a Conan Doyle. A bigger
case of injustice does not appear to
have transpired in the state. Kelly was
charged with robbing the Exchange sa-
loon in Billings In September, 1898. He
was accused of the crime because he
had in his possession a watch belonging
to the bartender. He returned the prop
erty to its owner, saying he had bought
it from a man by the name of Tracy.
who wanted to raise some money to
pay his way to North Dakota. Kelly's
story was not credited. There was a
strong feeling against wrongdoers in
Billings at that time and his protesta-
tons of innocence awaited nothing.
When Sheriff Berky took him to the
pen that officer said he believed the
boy, for Kelly is a young man, inno-
cent Kelly reiterated his protestations
of innocence to Conley and McTague.
the penitentiary contractors. They are
used to similar stories from all new ar
rivals and did not pay much attention
to him. Their interest was aroused
when he told them he would like to
have the privilege of looking over the
photographs that are kept of all con-
victs that have been confined in the
penitentiary, as he said he wanted to
see If Tracy's face was among them.
His request was not granted at that
time, but it was later, and under cir
cumstances that were highly dramatic.
Not long ago the contractors received
a letter from j. F. James. warden of
the state penitentiary of Oregon, telling
of a confession that had been made by
a convict confined in that penitehtiary
of the name of Harry Tracy, who was
sent up from Multnomah county for 20
years for assault and robbery. Tracy
said he had committed the robbery al
Billings, and had sold the watch to
Kelly, who said he was a friend of the
bartender who owned it, and wished to
restore it to its rightful owner. Tracy
forwarded to Conley and McTague.
II, Harry Tracy, robbed the Ex-
change saloon and gave to him (Kelly)
a watch which l got from the barten-
DER wrote Tracy. TT was in Septem-
Der when I robbed the saloon. l don't
know the date, but 7 think 1t was just
before the county fair. If that man is
not out, write and l will give a salts
factory description of the crime, so as
to leave no doubt that l did it. Kelly
was a stranger to me and did not know
who robbed the saloon. I heard him
say the bartender was a friend of his,
and that he also said he would give me
SIS for the watch, just to give 1t back
to the bartender. ! gave him the watch
and left for Dickinson
This confession Of Traey's aroused
the suspicion of Conley and McTague,
and they determined to fix up a scheme
Ito see if Kelly was telling the truth.
They sent to Oregon and procured two
photographs of Tracy. One, with a
full face view, was mounted the same
as other photographs In the rogues'
gallery and placed on the wall along
side of others. Kelly was brought in
and told to look over the photographs.
After carefully looking over about 200
he stopped in front Of the photograph
of Tracy, gazed at it for a minute in
silence, then said: That's the mug"
Another picture showing a side view of
Kellys Tracy's face was handed to
him. Why, I would swear that's the
fellow who sold me the watch" said
he. Then he repeated the story which
appeared to dovetail into that Tracy
told. The contractors promptly notified
the governor.
In announcing the pardon, Governor
Smith sent the following letter to the
state board of pardons: Subject to
your approval, I hereby grant an I'M
conditional pardon to Edward X. KEEL
~, who was convicted to prison from
Yellowstone county on Nov. II, 1898,
under a sentence of five years for rob-
berry, and whose term will expire on
Aug. II, 1902, and I direct that he be
released from custody and discharged
from prison as soon as the require
ments of law will permit. All my
knowledge of the facts in the case is
obtained from the letter of Messrs
Conley and McTague, and the enclosure
herewith which are transmitted for
your inspection 1 am convinced by
these statements that Kelly is innocent
of