The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-31
RESPITE GRANTED ..
IN LUCEYS CASE
He Is Given New Lease OF Lie Ontll
Jan. 1-Motion for New
Trial.
Special DISPATCH to the Standard.


Helena, Oct. 3O.-Dan Lucey, the
slayer of Patrick Regain was granted
a further lease of life to-day by Gov
ernor Smith. Upon the representa-
tons made by Lucey's attorneys,
Thresher and Hamilton, that suhclent
time did not intervene between no"
and November 10, the date set for the
execution of the man convicted of kill
ing Patrick Regain in Silver Bow can
yon, to move for a new trial, the gov
ernor ordered the sheriff of Silver BOW
to stay the execution until the nrst
day OF next January.
B. S. Thresher, one of Luceys attor-
neys, sent to the governor a petition
reciting the reasons why stay should
be granted He set forth in his petit
ton that September 26 Judge Clancy
sentenced Lucey to hang November TO-
Ten days after the verdict was an
nounced Lucey's attorneys presented to
the court the draft of the bill OF ex-
ceptions intended to be used on the
motion for a new trial and asked the
court that the same be settled, allow
ed and signed. The draft of the docu-
ment was a long affair. 1t was not
examined fully by the court, as the
court was then busy trying a long case
which had occupied his time tor ten
weeks. Mr.. Thresher says that be-
cause of the absence of Judge Clancy
from Silver Bow county at this time,
he doubts very much whether he will
return before November 10, three days
after the date set for the execution.
The court having denied the request
that the death warrant be withheld
| until the motion for a new trial could
be disposed OF relief had to be sought
| in an appeal to the governor for a
| respite.
Concluding, the petition says: THAT
| 1t is the desire of the said Daniel Lu-
| cey and the intention of his attorneys
to bring said motion for new trial
| on for hearing as soon as they can be
| heard before the court, and your petit
| toner verify believes that hearing
on the said motion for new trial can
not be heard before the 25th day of
| November"
A respite was asked until Decem-
| Der l.
The following is the governors res
| pite. forwarded to-day to Sheriff Re
gan of Silver Bow county this even
ing:
| Whereas, it is made to appear to
me that Daniel Lucey was convicted
| in Silver Bow county, state of Mon
tana, of murder in the first degree
and was on the Goth day of September
last sentenced to suffer the death pen
atty by hanging on Friday. November
10, 1899; and whereas, it appears that
said Lucey, by his counsel, has made
motion for new trial, and that, i
will be impossible to prepare the state
ment on motion for new trial and have
said motion heard on or before Novem
Der 10, the day. set for the execution
of the sentence. Now, therefore, I
Robert B. Smith, governor of the stats
of Montana, by Virtue Of the authorit!
vested in me by law, do hereby gran
a respite of sentence to said DAME
Lucey until the LIST day of January
1900. to enable the appeal in his cas-
to be perfected and l direct the sher
if of said county of Silver Bow to re
frain from carrying into effect TIL
judgment and sentence against sail
Daniel Lucey until said LIST day 0
January, 1900.
I'm witness whereof have hereunt
set my hand and caused the great sea
Of the state of Montana to be affixe
this 30th day of October, A. D. 1899.
ROBERT B. SMITH, Governor
by the Governor, T. S. HOGAN, Sec
rotary of State"