The Anaconda standard., 1899-10-23
A RESPITE FOR
lUCEY IS ASKED
Smith-B Bill OF Exceptions Not
Yet Heard

LII Ddlltl luCGy, LIE COluclIIlleu III ul
derer of Patrick Reagan, has petition
ed Governor Smith to grant a respite
to the condemned man until such time
as Judge Clancy can pass upon the
bill of exceptions filed by his counsel
in the supreme court of motion for
new trial.
Attorney Thresher's petition is based
upon a statement of facts in which it
is shown that Lucey was sentenced to
be hanged on November 10 next, that
counsel duly gave notice Of intention
| to move for a new trial, the motion
| to this based on bill of exceptions to
| be filed; that the bill of exceptions was
presented to Judge Clancy within the
| time allowed by law; that it has never
as vet been examined by him: that he
had adjourned his department of the
district court till November 13, and that
therefore the petitioner does not be-
lleve hearing on the motion for a
new trial can be had before the date
set for the execution. For these rea-
sons a respite is asked
The petition was mailed to Governor
Smith yesterday. In full it reads:
To His EXcellency, the Governor of
the State of Montana: Your petitioner
on behalf of Daniel Lucey respectfully
represents and shows:
That there is a criminal action now
pending in department 2 of the district
court of the Second judicial district,
in the county of Silver Bow wherein
the state of Montana is plaintiff, the
above named Daniel Lucey defendant; !;
he, the said Daniel Lucey, being
charged with the crime of murder.
That your petitioner the under
signed, is one of the attorneys in said
cause for the said Daniel Lucey, and
now makes and presents this petition
and application in his behalf
That on the 26th day of September,
1899. in the aforesaid cause, and in the
said department No. 2 of said district,
the said Daniel Lucey was by the court
sentenced to suffer the death penalty
by hanging, and thereupon out of said
court was issued a death warrant to
the sheriff of Silver Bow county. fix
ing the day for the execution of the
said Daniel Lucey as Friday, the 10th
day of November, 1899, which said
death warrant is hereto annexed and
made part of this application
THAT within 10 days after verdict in
said cause, the attorneys for the said
Daniel Lucey gave due and. sufficien,
notice IN writing of the defendants in
tention to move for new trial, which
said motion for a new trial was to be
made upon bill of exceptions
Ihat the attorneys for the said DAN
iel Lucey within the time allowed by
law and order of the court, presented
draft of his bill of exceptions, intend
ed to be used on his motion for a new
trial, to the Hon. William Clancy, the
district judge who presides over the
said department No. Of the said dis
trict court, and who presided at the
trial of said cause and asked that the
same be settled, allowed and signed
as and for defendants bill of excep-
tons to rulings of the court during
the progress Of the trial. Said draft, or
proposed bill of exceptions consists Of
over 300 pages of typewriter matter
and has not as yet been examined by
the said judge, nor allowed, settled or
signed, owing to the fact that the said
judge has for more than 10 weeks been
steadily engaged in the hearing: of the
trial of large mining suit in his said
department No. 2; and your petitioner
verify believes that the said proposed
bill of exceptions cannot, and will not
be examined. passed upon, settled
allowed or signed before the 18th day
Of November 1899.
THAT at the time sentence of death
was pronounced against the said Dan
lei Lucey In the said action, your pc.
titioner, as the attorney for him and
in his behalf, requested that the death
warrant be not issued until the mo.
tlon for new trial in said matter
could be disposed of, which request
~ etN Nouil ieluStu.
THAT the said district Judge, Hon
William Clancy. on the Goth day of Oc-
tober, 1899, adjourned the said depart.
ment No of the said district court
until the 18th day of November. 1899
and will hold no court before said date
That it is the desire of the said Dan.
lel Lucey and the intention of his at
torneys to bring said motion for a new
trial on for hearing as soon as they can
De heard before the court.
Ihat your petitioner verify believes
mat nearing on the said motion fol
9. new new trial cannot be heard before the
10Th day of November. 1899
wherefore your petitioner, as the at
torney for the said Daniel Lucey, and
on his behalf, prays that your excel
lency grant to him, the said Daniel
Lucey, respite in said matter until at
least the first day of December, 1899
In order that he may be able to avail
himself of the rights accorded him by
the laws of our state.
"(Signed) B. S. THRESHER
Petitioner and Attorney for Daniel
Lucey."
Wet feet may cost you your life, which