The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1899-07-21
KELLY is PARD0NED
The State Board of PardOns
Sets the Young Man at
Liberty ..
IN SPITE OF PROTESTS
Sent from This COunty-PrisOn Con-
tractors important Factors in
Securing His Pardon.

The state board Of pardons at Helena
Yesterday voted unanimously to pardon
Edward Kelly, sent up from this coun-
ty last November for five years, con.
victed Of robbing the Exchange saloon.
Affidavits in protest against issuing the
pardon were sent to the board, signed
by County Attorney Johnston and G.
A. Berky, who was sheriff at the time
Kelly was convicted, but these were Of
no avail. The influence Of the prison
contractors, who had taken up and
were fighting hard for Kelly's pardon,
counted for more than these affidavits.
Yesterday afternoon Helena Herald
has the following to say Of the board s
action: "
This was the day set by the state
board of pardons for considering the
pardon of Edward Kelly, granted by
Governor Smith to the young man sent
up from Yellowstone county for FIVE
years on the charge of robbery, and
who was pardoned upon the showing
made that another, convict BY the
name Of Tracy, now doing time in the
Oregon PEN. committed the act The
pardon stirred up hornets nest
among the officials Of Yellowstone
county. They have bcmbarded the
board with letters aud affidavits
coun ter acting the claims of Kelly, the
penitentiary contractors and others
who are seeking to have Kelly released
They claim the governor has been
victimized by Kelly aud Tracy; that
both stood together, and that there is
not a word of truth in the claim OF
Kelly's innocence. The board has re.
eeived affidavits to show that Kelly
had been in trouble before and was
generally an obnoxious character.
The prison people claimed that Sheriff
Berky when bringing Kelly to the pen
claimed he was doubtful of the man 3
guilt
Today the board took the matter up
at the morning session. A lot of the
papers, as we'll as the transcript of the
evidence adduced at Kelly's trial. were
read. So were statements and affida.
Wits from Conley Il McTague and
Kelly. The board devoted the morn.
ing to the case and adjourned until 2
O'Clock without reaching any conclu.
sion. The matter was further con.
sidered this afternoon.
Conley Il MoTague, writing the sec.
retary Of state under date Of July lS,
say they are unable to account for tile
statement Of Sheriff Berky il which he
denies having said be believed Kelly
was innocent. Affidavits are sent con-
tradioting Mr.. Berky. 1--WE are sur.
prised beyond measure that Mr.. Berky
should have forgotten what he said
while here," write the contractors.
His statements were heard also by
several prisoners in the receiving Office,
but we have not had their affidavits
taken. as they do not seem necessary.
The fact is the officials have all been at
sea regarding this robbery. They first
had three men arrested for the crime.
Two were discharged after holding
them in Jail some time, and Kelly was
held and placed on trial for no better
reason than that he had given the
watch to it's owner. The real culprits
beyond any doubt were this man Tracy.
or Williams, as he styled himself. and
Ben Mann. an ex.convict from this
prison, who served fourteen months
nere for assault"
Continuing, the contractors give O
version of the affair as they have heard
t, "When you sift this thing down
We cannot see wherein the prosecution
las any hold on this boy beyond giving
;he watch to its owner,' say the con-
tractors. lit does not seem to us that
my man in the possession of his senses
would return to its owner a watch
which he had stolen and do 1t in the
yery eyes of the sheriff. That very
act would lead us to think very deeply
,ver it and cast much doubt as to his
,uilt 1t must be remembered that
Kelly has admittedly been engaged in
! business in which his associates were
lot of the highest In such circles a
high sense Of duty toward maintenance
i public morals does not exist '
Somebody had to be arrested for
his crime, Kelly and two others were
'rIested. Kelly admitted getting the
watch and returning 1t, The officers
we're too blind to see the real oulpsits
md went ahead to convict this young
nan. That the evidence must have
'een very weak IL evident FROM tho
eatance, Five years for such q case
i robbery a. this II almost unhoayd
IT," 1.-THE young man In
,ennilass and fpisudlacs Wa hava nat