The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-03-01
BECKHAM IS
AN MIGRATE
INSULTS COURT THAT SAVED
HIM.
JUDGE BARKER AMAZED
Charged by Governor with Being
Party to Conspiracy in
Criminal Case.

Louisville, KY, Feb. 28-The strong
statements made by Governor Beck
ham in endorsing the pardon he grant
ed today to Ed. Alvery, convicted in
the criminal court at Louisville of
setting up a game of chance and given
two years in the penitentiary, had an
extremely sensational aftermath in the
criminal court today.
Beckham was denounced to the
court by R. G. Kinkead, who was one
Of the attorneys that prosecuted AL
very, and the executive was the sub
ject of long address to the grand
jury by the judge Of the court. AL
very was convicted on states evidence
turned by three men, who were in
dicted with him, and pardoped by the
governor on affidavits which the gov
ernor thought established that Alvery
was subject to discrimina tion. In
brief, Governor Beckham charged that
Alvery was convicted to suppress COM
petition in gambling in Louisville.
In his official endorsement of the
pardon granted Afvery, Governor
Beckham says: "This is the most
barefaced and inexcusable case of ju-
dicial and political prosecution that
has ever come before my notice. By
bold and shameful conspiracy this
man Alvery has been selected as
helpless victim, while others, equally
as guilty, or more so, who seem to
bask in the sunshine of official favor,
are allowed absolute immunity from
prosecution in the Jefferson criminal
court.
= = "This warfare seems to have been
inspired, not by any intention to
suppress gambling, but by desire to
destroy competition in that business.
The papers before ne show beyond
doubt that this 1nan was convicted
upon evidence securt by one of the
most infamous barga rs ever tolerated
in any court" ID
R. 9. Kinkead, VIII was of counsel
prosecuting Alvery,| considered that
the references to "a4 employed prose-
cutor'' in Governor sckham's s pardon
endorsement, reflected ION him, and to-
day in the criminal d nrt on motion of
Kinkead Judge Barker appointed a
committee Of five lawyers to investi-
gate the statements concerning the at
torney made in the governor endorse
ment.
Judge Barker ordered entry Of the
following order: "New comes r. G.
Kinkead, member of this bar, and
moves the court for the appointment
of committee of not less than five
members of the bar of Louisville,
whose duty it shall be to fully investi-
gate the insinuation of professional
misconduct on the part of said Kin
kead in the reasons assigned by the
governor of Kentucky in granting
pardon to Eds.Alvery, convicted here
February 25.''
Judge Barker then called before
him the grand jury and explained his
attitude i'll the gambling cases. He
said in part: In so far as it is init
mated that this court has discriminat-
ed between one set of gamblers and
another, I desire to state to you, upon
the honor Of man, that it is untrue;
that the whole pot-pourr:i of informa-
tion that is filed is made up of state
ments of men who were either con-
victed, or who turned states evidence
for fear of conviction. 1t was amazing
to me because could not but remem-
ber that when only little over a
year ago the present governor Of Ken
lucky and his branch of the legisla-
tdre, fled in terror from Frankfort to
the city of Louisville, where they were
Threatened with arrest by the military
commanded by the then Governor Tay-
lor, it was to this court that they
came for protection, and it was for
this governor and in his favor that I
invoked all the power with which the
commonwealth had invested me.
II have it from him and members of
his legislature that but for the ac-
tions of this court lis legislature
would have fed in terror and never
have been assembled again. Right in
this court he came TO, protection. I
do not say this in boastful spirit,
but merely to show that if this court
could have been awed by the then
governor with all his military at his
back, there would have been no Gov
ernor Beckham now to insult the
COURT
PRESIDENTIAL NOMINATIONS.
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