The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1902-01-03
C[ENENCY FOR BARLEY
Governor Savage Grants Him
a Full Pardon.
RELEASED FROM PENlrENT,ARY.
After Nearly Five Years of conflne-
ment the Unexpired Remainder Of
His Twenty-Year Term Is Com
muted and He Goes Free.

Lincoln, Jan. 1.-Former Treasurer
Joseph H, BARLEY, sentenced in 1897
to 20 years Imprisonment for the EN-.
bezzlement of public funds, last night
walked out of the state penitentiary
free man. Late yesterday afternoon
his sentence was commuted to five
years, seven months and eight days,
which term expired yesterday, and at
o'clock last night the official dis
charge, signed by the governor, was
delivered by Private Secretary Clan
cey to Mrs. BARLEY, wife of the prison
er, at her home, 1645 c street A few
minutes later Miss linda BARLEY, the
prisoners daughter, took the papers
to the penitentiary and upon their
presentation to Warden Davis her
father was Immediately released.
In committing the sentence the gov
ernor made allowance for the time
BARLEY passed in the Jail of Douglas
county, which amounts to about one
year. Good time was also allowed
from the day the man was placed in
confinement. BARLEY was brought to
the penitentiary July 6, 1898.
-
Governor Savage's Statement.
Governor Savage says in part:
"My action in the BARLEY case is the
fruition of careful inquiry and mature
deliberation. After I became gov
ernor of this state, among the cases
calling for executive clemency was
this one. Such preliminary examina-
tion as was able at the time to make
inclined ME in favor of exercising
clemency in Mr.. Bartleys behalf. I
believed at that time and conceived
the idea that his release could be
turned to the advantage of the state.
With this end in view, on the 18th
day of July, 1901, released Mr. Bart
ley ON parole for a period of so days
with the intent during that period of
completing my investigation of the
case and final determination whether
I should, or should not, exercise exec
utive clemency in his. behalf.
"On Aug. %, before had my plans
| perfected, the Republican state con.
vention adopted a resolution request.
ftng the immediate return Of BARLEY to
the penitentiary. Though felt keenly
| the discourtesy and was amazed at
| the intrusion upon the constitutional
rights of the chief executive 1 forth.
with obeyed the mandate of the con.
vention, and that same night Mr.. Bart.
ley was again behind the prison
walls. Since that time have carefully
inquired into the facts and merits OF
the case to the best of my Judgment
and ability.
ut has been frequently remarked
that Mr.. Bartley's sentence, rendered
as it was at a time Of high political
excitement, was something more than
an unbiased application of the law
and it has been not infrequently urged
that the personal equation entered
into it in marked degree. In the
name Of the Republican party, l hope
that it may never be truthfully said
that for the sake of office. party su
| premacy, or political preferment II
traf1cked in human liberty, the one
great principle to whose protection
and conservatism it has dedicated its
intelligence, it's energies and best ct
| forts of its life.
while my action in the premises Il
based entirely upon my own conclu
sions, l am mindful Of the fact that ir
taking this view Of the case am sup
ported by thousands Of the best citi
zens Of this state"