The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1914-03-20
DENIES PARDON TO O'NETL AND
TELLS WHY
(Statesman)

BARNEY " MIL H1uSI U6 COuIouI w
remain while longer behind the
walls of the state penitentiary. His
petition for pardon was rejected We'd
nesday afternoon by the unanimous
vote of Governor Haines, Attorney
General Peterson and Secretary OF
State Clifford. In announcing its
decision after two days. deliberation
the members of the board of pardons
called attention to the fact that O'Niel
had had the benefit of some of the
best legal talent in this state and in
British Columbia; in Idaho he was
tried before jury Of his peers in a
county other than the one in which
his offenses were committed; and
later the whole case was reviewed by
the supreme court.
In this statement it is denied that
O'Niel's offense was technical. On the
contrary it was direct violation of
the law-the making of selfish and
unlawful use Of money in the bank
that should have been regarded as a
trust fund.
Gives Reasons for Action
The reasons for the boards action
are so clearly set forth that the state
ment Is given herewith in full:
"It has been our desire and con-
scientious endeavor to weigh and con-
slider every argument made on either
side of the pending application, and
all circumstances and conditions sur
rounding the same, with the desire in
view of doing absolute justice as
nearly as possible, not only to this
application, but also to the public at
large, and to the county of shoshone,
where the offense was committed.
I'VE have carefully gone over all
OF the evidence in the case submitted
at the trial, the petitions filed, and
have listened with open minds to the
able presentations of the case both on
behalf of the petitioner and the rep
resentatives of Shoshone county, who
appeared before the board.
No Spirit of Revenge
1--WE are impressed with the view
that the law should not be enforced
in a spirit of revenge, and we are
satisfied that when punishment has
been consistent with the offense COM
mitted. with due regard for the dig
nifty of the law, the safeguarding of
the public against the commission of
similar crimes in the future, the
warning that should be given to all
who may be tempted to commit like
offenses, and the fullest possible re-
FORMATION of the criminal, that len
iency should be extended.
"This petitioner received all the
benefits and advantages that could
possibly be had to one accused of
crime. He received the defense of one
of the states best lawyers at his trial,
and was skillfully and ably defended
in British Columbia, where he fought
extradition to this country.
| Highest Court Speaks
His case has been passed upon by
the supreme court of this state, where
he received the able assistance of the
lawyer who tried his case. He was
tried in county other than the coun-
ty where the offense was committed.
before an able and upright trial
court. These agencies of the law un-
doubtedly performed their sworn fun
lotions with an eye to the vindication
of the law and the utmost possible
leniency toward the accused.
Wanton Breach of Trust
1.-THE crime for which the petition
er is serving sentence, is not, as is
popularity believed, technical one.
The banking involves a violation of
the banking laws of the state which
laws were enacted primarily for the
benefit of the public, composed of all
classes and in all conditions of finan-
cial responsibility, the idea being to
prevent the selfish misuse of these
trust funds, because a deposit in a
bank is trust fund. The testimony
in this case shows a wanton disre-
gard for this trust, turning of these
trust funds into selfish channels and
these facts have been found to be
true by an unbiased jury under the
direction of one of the states most
learned and conscientious judges. We
do not feel that in justice to the pub
JIG, and depositors in state banks OF
this state, this board should at this
time set aside the solemn finding OF
the court and jury who heard the evil
dence and were doubtless as true to
their sworn duties as we could posi-
bly, be.
''The petitioner, serving minimum
sentence Of two years, has been in
confinement at the penitentiary for