The Anaconda standard., 1899-07-06
OPPOSED TO THE PARDON
Yellowstone County Officials En-.
ter Strong Protest.
SAY KELLY is A FRAUD
According to the County Attorney and
tho Sheriff He Is Not the Inno-
cent Man He Has Been
Cracked Up to Be.
Special Dispatch to the Standard.

Helena, July 5.-County .At.orne- w.
N. Johnston and Sheriff Berky of yell
lowstone county claim that Governor
Smiths pardon of Edward Kelly, who
is serving a sentence of five years ror
burglary committed in Billings, IL not
deserved; that the case was inisrep,e-
sented to the governor; and that Kelly
should serve out his sentence. The
governor recently pardoned Kelly upon
the representations made that Kelly
was serving time for another's wrong
doing, fellow of the name of Tracy,
who is now doing time in the Oregon
pen, having claimed that he committed
the crime, the robbery of Billings sa-
loon. and that Kelly is innocent. The
Standard recently told the story of the
alleged miscarriage of justice in Kelly's
case and of the governors action The
pardon will come up for considera ion
before the state board of pardons to-
morrow. To-day's mail brought to the
| clerk of the state board a petition from
County Attorney Johnston, accom-
| panied by affidavits of himself Sheriff
Berky and ex-City Marshal Jackson of
| Miles City. Mr.. Johnston says he be-
lieves that Tracy and Kelly were part
ners in the robbery of the saloon and
that the story about the watch which
| Kelly claims to have bought from
Tracy to give to its rightful owner, the
bartender working in the saloon, was
concerted by the two men. one in the
| Oregon pen and the other in the Mon
| tana prison. In the course of his letter
| to the board, Mr.. Johnston said;
You will see by an examination OF
| the affidavits filed herein that we have
always believed that Kelly had an ac-
| complice in the commission of the rob-
| berry. and that the evidence seemed 10
| us that that was the case If this were
| true, then it would be an easy matter,
| in case Tracy was Kelly's accomplice
| or confederate, for Tracy to particular
iy describe the robbery and claim that
| he had given the watch to Kelly, as he
| knows full well that he stands in no
danger of being prosecuted in the state
| of Montana fer the crime in view Of
| the fact that he has just been SEN
| fenced to 20 years Imprisonment in the
state prison of Oregon. II Tracy were
| the accomplice or confederate of Kelly,
| II would be an easy matter for Kelly
| to identify the picture of Tracy as the
| picture of the man who had given him
| the watch in question. All of the Off
| cials of this county and all persons ac-
auainted with the facts in the case are
satisfied that Kelly was guilty and that
he received his portion of the moEey
stolen, and that at best Tracy was only
his accomplice or confederate
| Continuing, Mr.. Johnston says that
| he has tried, but had been unable to
| secure transcript of the evidence for
| the board, the stenographer being un-
| able to find his notes. This evidence,
he says, and Kelly's statement as to
| how he got the watch Go not agree.
You can readily see," says the writer.
how Tracy would be led to make this
statement. when he has just been SEN
fenced to 20 years in the Ore"on state
prison, and knows that his statements
will in no way injure himself and that
they may be the means of securing the
liberation of his accomplce. 1t seems
to me to be very poor policy, % say
the least, to grant a pardon upon such
evidence and especially when the evil
dence offered and the proofs of Kelly's
evidence can all be explained upon the
theory that the officers of this county
have always held that the crime was
committed by Kelly and a confederate.
I submit the affidavits for your consid-
Grafton with the statement that l d,
not believe that the conviction of crmi-
nails should be set aside so lightly upon
the word of another convicted crimina',
and / do not believe the governor VI
this state would have granted the par
don had he known the facts as brought
out upon the trial of Kelly
SneTl1l beTky IldheS dllludNlL
that he ever told the penitentiary offi-
cials, as claimed, or any one else, that
he believed Kelly innocent. He says
in his affidavit he believes that from
the evidence he was able to learn that
Kelly had a pal in the commission of
the crime, and that such conf derate
was this same Tracy. The sheriff also
believes that from the contradictory
statements made by Kelly at the trial.
he was trying to shield some one
he knew that that person Tracy, had
escaped from the officers of the county.
County Attorney Johnston made a
similar affidavit. f. S. Jackson, ex-
chief of police of Miles City, makes
affidavit that he has known Kelly three
years: that he has served terms in the
city Jail and had been driven out of
Dickinson, n. D., and other PLACES;
that he has served term in another
pen. and that he has created serious
disturbances in several other Montana