The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-06
HAS NINE DAYS TO LIVE
Governor Smith Refuses to Inter-
fere in the Allen Case.
HIS LAST HOPE is GONE
Grounds for the Governors Action.
Allen Received the News With APP
parently Stolid Indifference.
Takes It Philosophically.
she ,ial Disnatch tn the STANDARD

since he became governor of Montana
Governor Smith to-day passed upon a
case presented to him asking that he
commute a death sentence to impris-
onment for life. After nearly a
months deliberation and giving care
full consideration to petitions for Glenn
ency, personal appeals and letters from
well known citizens asking that he
commute the sentence of Joseph Allen,
the half-breed, to life imprisonment,
the governor announced to-day that he
would have to refuse to interfere with
the sentence of the court. Nothing can
save Allen now, as the appeal to the
governor was the last resort, the SUI
preme court having affirmed the judg-
ment of the lower court. He will be
hanged in the yard of the Lewis and
Clarke county Jail Thursday, Sept IA.
He has barely nine more days of life.
The governor, in explaining his ac-
ton to the Standard reporter said that
before he had made careful
examination of the transcript of the
evidence he was inclined, on account of
Aliens youth and because of the fur
Their fact that he is part Indian, and
perhaps not as conscious of the punish
unent that results from murder, to in
cline toward the side of mercy. A study
of the evidence convinced him, how
ever, that there was nothing in the
case that would warrant him in inter-
ferng. He was sorry that he could
not listen to the appeals of many good
people who had interceded in the boys
behalf He had to put sentiment to
one side and do his duty. If the people
were opposed to capital punishment it
was their duty to change the consti-
4,,f, r Atatc
Aliens attorney, of the action he had
taken in the matter Governor Smith
addressed him as follows:
In the matter of the application of
Joseph Allen for Communication of sem
tence l have made a most careful and
diligent study of the evidence and
every fact submitted to the court or
jury or subsequently submitted to me.
l entered upon the investigation biased
in favor of committing the sentence on
the theory that as no one but Allen
saw the killing, perhaps his story might
be true and / was very much disposed
to give him the benefit of the doubt.
But close and careful study of the
case conYinces me that the jury were
certainly justified in finding the YER
dict they rendered and the court has
pronounced the law of the case. Being
thus constrained rather against my
inclination to consent that the verdict
and sentence are justified by the facts,
discharge of my public trust impels
me to refuse to interfere with the SEN
tence of the court, although Emporium
ed to do so by many good Christian
people, who l respect most sincerely
for their sympathetic interest in this
unfortunate young man."
1t was not until the middle of the
afternoon that Allen learned of the
governors action. Rev. Father O'Brien,
who has been looking after the spir-
itual welfare of the young man, COM
municated the fatal news to him. AL
len received the news with remarkable
fortitude, the same. stoid indifference
that has been his chief characteristic
from the first conformation with the
crime He betrayed hardly a particle
of mental anguish that would over
come one whose hopes had been buoyed
up in the belief that executive action
would eventually save him. The Stan
dard reporter visited him in his cell
soon after the news had been broken
no him. He was dressed in a dark sack
suit and smiled as handed a cigar
which he readily accepted.
Have you anything to say?" asked
the reporter.
mo: / don't know what I can say"
replied Allen in good English When
they lock a fellow in here and throw
the keys away and decide to break his
neck l don't see what show he has
got"
nv dulllllleu lfdI ne expected a QlT-
ferent action on the part of the gov
ernor. He had no criticism to offer
however. In fact, he appears to take
the matter in a philosophical manner
II he breads the fate that is in store
for him in nine days he did not show
IL. While conversing with the re-
porter he looked paer than when on
trial in the district court. In the sub
dued light of the cell his features
barely betrayed his Indian blood. His
eyes appeared bright and he smiled
several times while talking to the re-
porter. Allen says he was p years old
on June last He was born in Ore
gon. His parents reside at Shoup,
Idaho. He does not look a bit over
Fl. He seems resigned to his fate. I'm
less ne experiences a remarkable
change he will meet death with the
iron Indifference that has characterized
him throughout.
Sheriff Davidson says that the execu-
ton will take place between the hours
of o'clock and 10 o'clock of the day
named, but just at what time he has
not decided. He will limit the invita-
tions and undertake to make it is quiet
an affair as possible.
Allen shot and killed J. S. Reynolds
On the northern part of Lewis and
Clarke county July "a. 1898. They We're
travelling through the country working
for sheepmen helping at the shearing
On the night of the killing they camped
near Mitchell's station they were seen
there together. The next morning Rey-
nolds' dead body was found wrapped in
blankets. Allen was missing. The posi-
ton of the body and the powder burns
around the wound on the head showed
that Reynolds had been killed as he
slept. Allen was captured in Oregon
and tried and convicted Nov. 70 last.
The jury returned verdict of murder
in the first degree and Judge Smith
sentenced him to hang in January. A
stay was granted pending an appeal
to the supreme court. July the court
affirmed the judgment of the lower
court. Aliens friends then turned their
efforts towards the executive office with
the result stated above. Aliens plea
was self-defense. He claimed the dead
man threatened to kill him and was
about to assault him with stick of
a1.nnl when he fred he NAnlth Of hn