The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1899-06-23
FOR ANOTHBR'S CRIME
Edward j. Kelly Serving Time
for a Crime Committed by
Another
HAS BEEN PARDONED
By Governor Smith-SensatiOnal Dis
cOvery of kelly's Innocence.
Tracy. the Guilty Man.

The Helena Herald of Monday gives
quite an account of the discovery that
Ed. Kelly, a young man sent up from
this county last Novem ber for burglary,
is Innocent and that the crime was
committed by another. The confession
of. Tracy, who says he committed the
robbery, is received with incredulity
and it is thought that, being friend Of
Ke]ly's and being sent up himself for
such long time, he could secure
Kelly's release by his confession. Kelly
was given fair and impartial prelimi-
nary hearing here, as we'll as trial in
the district court. the evidence being
against him in every particular. Two
other persons were arrested as accom-
plices, but were cleared. The story
published in the Herald is as follows:
There is plot for a Haggard. a
Conan Doyle or some other writer of
that class in the story that is told of
the injustice that has been done to
Edward J. Kelly, a young man sent to
the state penitentiary from Yellowstone
county last November to serve a sent
ence of five years for robbery. He ap-
pears to be an innocent man suffering
punishment for the crime committed by
another. So strong and convincing
are the representations made to the
governor that the executive today
granted free and unconditional par
don to Kelly. It is expected that the
board Of pardons will act upon the case
as promptly as the law will permit and
that the injustice will be righted.
The governor sent the following let
ter to the state board of pardons telling
of his action:
"Subject to your approval. I hereby
grant all unconditional pardon to Ed
ward j. Kelly, who was convicted to
prison from Yellowstone county Oh
November IL. 1898, under sentence of
five years for robbery and whose term
will expire on August II, 1909, and I
direct that he be released from custody
and discharged from prison as soon as
the requirements Of law will permit.
"All my knowledge of the facts in
the case is obtained from the letter Of
Messrs. Conley & McTague, and the
enclosure herewith. which are trans
1nitted for your inspection. am con.
vinced by these statements that Kelly
is innocent Of the crime charged and
should at once be set at liberty;
Kelly was charged with robbing the
Exchange saloon in Billings in Septem-
ber, 1898. He was accused of the
crime because he had in his possession
a watch belonging to the bartender.
He turned the property over to it's
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 strong feeling
against wrong-doers in Billings at that
time and his protestations of innocence
availed him nothing. When Sheriff #
Berky took him to the pen the officer
said he believed the boy (for Kelly is
young many Innocent.
Kelly reiterated his protestations of
innocence to Conley & 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 was among the lot. His
request was not granted at that time,
but it was later aud under circumstan.
ces that were highly dramatic.
Not long ago the contractors received
Il letter from J. F. James, warden of
the state penitentiary Of Oregon, tell
ing of confession that had been made
by convict confined in that pen by
the name of Harry Tracy, who was
sent up from Multnomah county for
twenty years for assault and robbery.
Tracy said he had committed the rob-
berry at Billings and had sold the watch
to Kelly. who said he was friend of
the bartender who owned it and wished
to restore it to its rightful owner.
Tracy wrote statement which Warden
James forwarded:
II, Harry Tracy, robbed the Ex
change saloon and gave to him (Kelly)
q watch which got from the hartend.
en-" wrote Tracy. ut was in Septenl-
ber when robbed tho saloon; don t
know the date, but it was just before
the county fair. II the man in not out
write and ! will give a satisfactory
description of the crime so AZ to leave
no doubt that did it. Kelly was a |
stranger to me and did not know who