The Hardin tribune-herald. [volume] (Hardin, Mont.) 1925-1973, 1934-04-27

was a DluIQer ana an OF
power completely beyond his author
ity.
Section 2 OF the territorial organic
act described the governors power in
such cases as follows:
HE may grant pardons and respites
within the said territory and reprieves
for offenses committed against the laws
of the United States until the decision
of the president can be made known
thereon"
The killing of Gartley was a crime
against the laws of the United States.
Evidently Governor Meagher's error
was a simple misunderstanding of the
English word "reprieve," a temporary
stay of sentence. Since Daniels was
not under sentence of death, no action
need have been taken by the governor
save to refer the petition to the presi-
dent of the United States.
AS issued, the document was neither
fish nor fowl. It described itself as a
reprieve, pending the decision of the
graph, ordered the release Of the pris-
oner.
1t read, in part, as follows:
1NOW, GIlcI C4Olc, l, 411O111dS TIduCIo
Meagher, acting governor of the Ter
ritory of Montana, by virtue OF the au-
thority vested in me as governor of
the said territory by the second section
Of the organic act of the Montana ter
ritory aforesaid, do hereby reprieve said
James B. Daniels for the said offense
of m~anslaughter committed, and of
which he is convicted as aforesaid, un-
til the decision of the president of the
United States is made known thereon.
And I do hereby order and direct
the sheriff of Madison county or other
persons having charge Of the prison
wherein said Daniels Is confined to
Immediately release and discharge said
| Daniels from custody
Feb. % Daniels was staggering in
the saloons of Virginia City and boast
ing of the vengeance he would wreak on
those who had testified against him.
While he staggered a storm of vituper-
alton was breaking over the astonished
governor.
Charging him with having released
convicted desperadoes on the public to
further political ends, the Montana
Post scored the general in a bitter
editorial. When the news reached Hell
ena, public Indignation knew NO bounds
and Meagher was accused of everything
from malfeasance in office to treason.
Judge L. E. Munson, who tried the
case, left posthaste for the capital to
enter a formal protest.
He arrived too late, however, for on
the road his s~tagecoach passed another,
bearing Daniels north to Last Chance
and destiny.
Details of Judge Munson'S interview
with the governor were made
public, but it must have been a stormy
meeting. General Meagher denied
categorically the requests of the Judge
The following day Judge Munson
penned an open letter to the governor,
which appeared in the Montana Post
March 3. The letter read:
Noticing in the paper your procla-
nation setting at liberty James Dan
iels, convicted under the laws of the
United States of manSlaughter and
serving out his sentence in the Mad
iSon county jail, I came from Helena
on the return coach to respectfully ask
you to revoke that order and have the
sheriff remand him to prison until the
will of the president could be made
known concerning him. This you have
declined to do.
Il, therefore, desire to state that
you have assumed the exercise of q
power not delegated to the executive
u~nwarranted by law, and the sheriff
should have d~isregarded the order un-
til further advised. Had Daniels beer
sentenced to be hanged, you could have
reprieved him from the sentence unit
the will of the president could be made
known, but not even then could you
have set him at liberty. I have, there
fore, ordered the marshal to rearreSt
him if he be found"
Foreboding had apparently taker
possession of Daniels as the overland
stage entered Helena. To quote a fel.
low passenger. "he had tanned dowr
considerable since leaving Virginia"
Black looks greeted the badman or
every hand and he no longer uttered
threats against the state witnesses. In.
stead, he sought out John Fetherstun
a deputy United States marshal, anc
placed himself under his protection
This was Friday afternoon. Feb. %.
What followed was told by the mar.
shall in a letter written to clear him.
self of completely in the hanging. Feth-
erstun had been a prominent member
of the cid ~vigilantes. The letter:
Daniels came to me Friday after
noon, after his arrival in this city, and
having asked me if there was any dan
ger, said that he wished me to be or
the lockout for him. I told him that
he might stay in my office as long as
he wished.
He stayed in my company until
some time after dark, when I went
up with him to the express office after
his bedding; and from there I went
with him to D. c. Coleman and Com
pany's store, where he intended K
sleep that night. After I had been ir
Coleman's a short time, Daniels re.
quested me to 60 uptown and see if
could learn anything.
ct went ,lD.street visited tho min.