Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-04-03
CREATED A SENSATION.
Tho Pnrdoniug of Montyalon a. Cole
sharply Criticised ut Dover

sharply Criticised at Dover.
Special Correspondence OF tiuzotte and journal.
Dover, April 2. The pardoning of
Montylloo A. Cole, who was serving five
years Rcntancc in the New Castle County
Workhorlse for manBlnughter he having
been convicted of causing the death of
William a. Montague in Wilmington three
years ugo, caused much surprise here; and
tho action of the Board of Pardons, which
recommended the pardon, and Gov. HUM,
who signed it, was sharply criticised. Tho
governor, when notified of the recommended
ton, asked IL he could refuse to Sign tho
pardon, ms he WIS personally acquainted
with Montague and knew the circumstances
of his death; but, after he had been assured
that tn" bonrd hnd unanimously recon
mendcd tho pardon. he decided that there
was but ono thing for him to do, and that
was to sign it.
Cole WIS represented at the meeting of
the board by Philadelphia attorney,
Howard NJ. Long, 4 graduate of the Uni
Nersity Of pennsylvania, at which instltu-
ton Cole was dental student. Mr.. Long
submitted the following reasons for the
pardon:
THAT the condition Of tho haalth os Cole
Ia such 90 renders his further incarceration
dangerous TO his life.
"lhut Tho health Of Cole hnh been much
impaired on account Of his imprisonment.
The recommendation OF tierlert II.
Ward, attorney general: That Cole hWs
been III jNil nearly three years, and two yetls
and i've months thereof under sentence.
| That under the operation of the comnuta-
tiun of sentence upon good behavior now in
force in this State, hr would have only
about II months more to serve to complete
his full sentence.
The inembera Of the board said that, after
! they had considered tn petitions and eyi,
denca they could not refuse TO recommend
| the pardon.
The announcement that Montyaloo A.
! Cole, slayer of William A. Montague, had
| been par6oned by Gov. liunn, on the
recommendation of the Board Of Pardons,
caused q sensation throughout the State and
especially in this CITY, where thn crime was
| committed. Many pelnnns hid Thought that
Cole was lucky In securing verdict simply
Z for n.trslaughtrr ut tho Trial. and that
second degree was Il eiGgNr approximation
/ to his crime. He was sentenced TO five
I years imprisonment. Although his counsel
In the trial hive been solicited 10 take steps
! for his pardon, they felt th,t pab!ie feeling
/ was too strongly ngainst HIM 70 make such
/ n step advisable AT this time. Hence ii WAS
! II surpriat TO them rs to 9th 'ra when Tie
/ n"ws oi THE pardon wits received.
( Gov. Hmm. who ias,ei tho pardon, was
/ in town yesterday and rIprssipd himself rs
/ opposed to 1t but he had signnCs II because 1t
! was unanimously recommended BY the par
don board. Lieut.. -tiov. Cannon, vito Ia n
member Of the board, VIA also In town. and
when ask@d about the case, snid that the
i board acted upon Attorney -General Ward +
| recommendation entirely.
Attorney General Herbert II. Ward was
asked us to the reasons for Coles pardon,
and in reply made this statement:
If any blame attaches to any one for the
pardon of Cole, presume il should probably
fall on me, inasinuch that | believe the
| Pardon Board acted on my recommended
ton. In any event, will not shirk respun-
sibility in the matter.
My attention was called to the matter Of
Coles pardon by Philadelphia attorney,
! who represented friends of Cole, who had
| interested themselves in securing his relense.
| | personally examined into the case, making
inquiries HIS to the antecedcnts of Cole. the
condition of his health and the prospects rs
10 his being able to live out his term of i'm
prisonmcnt.
"a found him in n low physical state, ex-
tremely nervous, and upon comforting with
persons who wore.cogni2nnt of his condition
and of the changes therein, formed the
conclusion that he would not, 1T he was kept
in jail, be living nj the time his sentence
would expire.
Assuming that the present law for com
muntution of sentence upon good behavior
had been in operation since Cole was SEN
| fenced, he would now have about Ia months
more to remain in Jail before serving his
time. He was actually in jail from May
| until November, lSD, before his trial and
conviction and while waiting for his trial.
Taking those six months into consideration
it will be seen that he had been in jail
within eight months of five year term us
reckoned in the present law.
Cole was sentenced by the court to i'm
prisonment for five years, but was not
sentenced to death. He has friends ready
to receive him and care for him until he
RECEIVERS his health.
at did not seem just in view of the
sentence of the court OF imprisonment only
that such imprisonment should be insisted
on to the full limit, If moderate remission
OF portion of the sentence would prevent
him from dying in prison because of I'M
prisonment. "
Mr.. Ward declined to discuss publicly the
report that Cole might be used as witness
in n case growing out of the investigation
of county matters.
Coles pardon arrived at the workhouse at
1920 O'Clock yesterday afternoon.