The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-22
NIXON GIVEN A PARDON
He Was Convicted of Libeling
w. O. Speer.
APPEAL NOT PERFECTED
He Must Pay the Costs OF the Prosecu.
tion-A Respite Granted Nelson
Peterson, the Ravalli Couu-
ty Murderer.
Special Dispatch to the Standard.

| Special Dispatch to the Standard.
Helena, Oct. Ex-Governor Smith to-
day granted a pardon and a respite.
The former went to S. NJ. Nixon Of
Butte and the latter to Nelson Peter
| son of Ravalli county, who is under
| sentence to hang. The pardon In the
Nixon case was granted in response
to two petitions from representative
Butte people, from letters received by
the governor and as the result of per-
sonal interviews had by the governor.
Although Nixon was convicted in July,
1897. for the crime of libeling w. O.
Speer and sentenced to 90 ,1avs in the
county Jail, he did not serve any of
the sentence, efforts having been ap-
pied almost continually since convic-
tlon toward securing hearing Of his
case by the supreme court. Through
some misunderstanding. his appeal APP
pears never TO have been properly per-
1ected. a motion to dismiss the appeal
lor the reason 1t had not been perfect
ca was made before the supreme court
by the state on July II last and the
motion was granted on July 81. Nix
on's counsel, N. w. Mcconnell, filed
a motion on Oct. 2 to have the appeal
relnstated and the. following day the
court refused it, Since then the friends
Of Nixon have endeavored to secure a
pardon for him. 1t was one time CON
templated seeking redress by habeas
corpus proceedings. but these were
abandoned when it was found that a
writ would not lie. Then the efforts
looking to pardon were renewed, with
to-day's result. In granting the par
don the governor sent the following
hno SI -
subject to your approval, I hereby
pardon S. NJ Nixon, who was convicted
IN Silver Bow county in July, 1897, of
the crime of libel and sentenced to so
days imprisonment in the county jali,
and l direct that he be DISCHARGED as
soon as the provisions of law can be
complied with and as soon as he pays
the costs of prosecution, which are not
RENTED. / am led to take this action
because of the requests of great many
citizens of that county which have bean
made to me. not only by the letters and
petitions that are herewith transmitted
for your inspection. but also personal
interviews. While I have not entered
to any great extent into an examina-
ton of the claims of the applicant
that he did not have a fair trial it
seems patent from the papers and
brief of his attorneys, herewith pro-.
sented. that he did not, and that his
counsel failed to properly prepare his
case for appeal
E. b. Howell. formerly Nixon's attor.
ney. addressed the governor in behalf
OF the pardon. contending that through
no negligence of his the appeal had
not been properly appealed. He says
that while the circular issued by
Nixon was unjustifAble, he believes
that Nixon has already suffered suffl-
Client punishment. N. W. Mcconnell,
NiXon's attorney here, urged che gov
ernor to act for similar reasons. lie
attention to numerous grounds that he
claims would have warranted a FEVER
sa: had the case bean properly pre-.
sented to the highest tribunal Two
petitions from many of the Representa-
tive citizens and about all Of the
members of the bar were also sent to
the governor
The respite of Nelson Peterson, the
convicted murderer of Ravalii county,
was granted by the governor upon 1he
representations of Messrs. Crutehfiel1
and Draffan. Pcterson's counsel, who
represented that more time was needed
in which to perfect an appeal The
governor accordingly postponed the
time for the execution from Nov. 3
to go days after Nov. i, and sent the
following letter to the sheriff of Ravo.ii
county:
1T appearing to me from the repre-
sensations of Nessrs. Crutchfiad ard
Draffan. attorneys for Nelson Peter
son. that they cannot get The tran
script on motion for new trial prepared
and said motion heard on or before
Nov. s. the date fixed for the exc ,ution
OF said Peterson, ! therefore grant to
said Nelson Peterson a respite of so
days from and after Nov. /. 1899 TO
enable the appeal in his case to be nGr-
fected, and during said period OF 60
days you will refrain from carrying
the judgment and sentence of said
Nelson Peterson into effect
The governor to-day granted two
of sentence of 80 lays
each. The parties affected arc John
Swain, convicted of burglary in Cas-
cade county, December, 1899, and SEN
fenced to one year, and James Malone.
convicted of attempt TO comm: grand
larceny in Flathead county and sen
fenced Dec. 80 last to one year. Both
will be released Oct. go