Copyright
California. Legislature.

Appendix to the Journals of the Senate and Assembly of the ... session of the Legislature of the State of California (Volume 1885v.1) online

. (page 4 of 83)
Online LibraryCalifornia. LegislatureAppendix to the Journals of the Senate and Assembly of the ... session of the Legislature of the State of California (Volume 1885v.1) → online text (page 4 of 83)
Font size
QR-code for this ebook


of a certain class of property, to the effect that they may pay a certain
portion of the tax lawfully levied and assessed, and after such paj^-
ment receive a full acquittance for all taxes due. If such a doctrine
should generally exist; if every owner of property should constitute
himself its assessor, how could we depend with any certainty that
any money would be paid into the Treasury; and how, under such
circumstances, could the Government long exist? I therefore recom-
mend that you enact laws providing that the property of railroad
corporations may be sold for the payment of delinquent taxes, in the
same manner in which the property of private persons is now sold
under like circumstances; that no writ for the prevention of the col-
lection of any revenue, or to hinder or delay the collection of the
same, or to prevent or interfere with the sale of property for delin-
quent taxes, shall be issued by any Court; that whenever property is
sold for the payment of delinquent taxes a receiver may, upon appli-
cation of the purchaser, be appointed by any competent Court to
take charge of the same from the day of the execution of the certifi-
cate of purchase; and that, in all cases in which any person shall
claim that any tax paid by him was illegally or wrongfully levied or
collected, he may be entitled to recover the same by action. It seems
to me that if carefully guarded laws covering the above suggestions
were enacted, the collection of our revenue in the future would be
rendered certain. That more stringent laws relating to the collection
of revenue should be passed, and that all property should be made
to bear its just proportion of the burdens of Government, must be
apparent to all. These corporations should be made to obey the law
in its entirety, or they should not be taxed at all. There is no middle
ground that the State can take on this important question. A great
and important trust is confided to your keeping, and no man should



25

deceive himself with the belief that any attempt to evade or compro-
mise this issue will soon be forgotten or condoned by the people.

CONCLUSION.

I have thus . endeavored to set before you the most prominent
features in the reports of the various State officers and institutions
under the control of the State, and to suggest such legislation as
appears most important to the people at the present time. Outside
of the suggestions above made, I am of the opinion that but a
small amount of legislation is necessary. While it is probable that
we may differ in reference to the policy or importance of some of the
legislation recommended, yet our endeavor should be to enact and
approve such laws as will redound to the benefit of the whole people,
and operate, as nearly as may be, evenly and impartially on all. To
the enactment of such laws this office will, at all times, give a most
cordial support.

Hoping that your session may be pleasant and harmonious, and
that your labors may be brought to a successful issue,

I have the honor to be, your obedient servant,

GEORGE STONEMAN,

Governor.



APPENDIX TO GOVERNOR'S MESSAGE.



APPENDIX.



LIST OF PARDONS FROM STATE PRISONS,

Granted by Governor Stoneman, from January 10, 1883, to January 1, 1885.



Name of Prisoner.


County. Crime.


Sentenced.


Term.


Cyrus McClintock ...


Sacramento Grand larceny

1


October, 1880


Four years.







Decision. — Whereas, said McClintock was extremely young at the time the crime was com-
mitted, has evinced an earnest desire to reform, will be given a home and work by S. A. Brans-
combe, of Walsh's Station, and is recommended as a proper subject by the committing Judge,
the jurors, and a large number of citizens. February 7, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Charles Chapman


Los Angeles


Grand larceny


1
November, 1882 ..


Two years.



Decision. — Whereas, it has been satisfactorily established that prior to the commission of said
crime, and for two years thereafter, the said Chapman was a reputable, hard-working citizen ; that
he has evinced an earnest desire to so continue, if pardoned; and, whereas, nine of the jurors who
found him guilty, the Judge who tried him, and the District Attorney who prosecuted him,
have, by petition, expressed their conviction that he is a worthy subject of executive clemency.
February 16, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Andrew Johnston


San Francisco.-


Burglary


July, 1880


- Fifteen years.









Decision. — Whereas, the Chief of Police, the Captain of Detectives, and Messrs. Whittaker,
Coffey, and Bohen, of the detective force, all of San Francisco, affirm that the case is one of
mistaken identity, and that the said Johnston is innocent of the crime of which he was con-
victed, and, therefore, petition the Executive to grant him a pardon. February 26, 1883.



Name of Prisoner.


County. Crime.


Sentenced. Term.


Leo Strassmann


San Francisco _-


Assault with deadly
weapon


July, 1882


Two years.











Dkcision. — Whereas, the Board of State Prison Directors, at a regular meeting held February
13, 1883, decided unanimously, after a full investigation of the facts of the case, to recommend
to the Governor that the said Strassmann be pardoned, upon the express condition that he leave
the State immediately and never return; and, whereas, it is with the express understanding
that if he be so pardoned he shall so leave the State immediately and never return, and that the
violation by him of such condition shall render these presents null and void. March 1, 1883.



29



Name of Prisoner.



County.



Term.




Lo Bos Song ■ San Francisco— Grand larceny .



Decision". — Whereas, Frederick A. Bee, by guaranty on file in this office, agT'ees that if said Lo
Bos Song be set at liberty, he, the said F. A. Bee, will immediately ship him to China, never to
return ; and whereas. Dr. N. J. Bird, Resident Physician at the San Quentin State Prison, certi-
fies that the said Lo Bos Song is afflicted with a disease that will certainly cause his death,
whereas, the shipment aforesaid may largely prolong his life; and, whereas, the committing
Judge, the Chief of Police of San Francisco, and the District Attorney, petition that he be
released ; and whereas, further, his failure to leave forthwith, or his return to this country after
so leaving, shall render these presents null and void. March 11, 1883.



'S&me of Prisoner.


County.


Crime.


Sentenced. Term.


i
John Slankard Fresno


Grand larceny


October, 1880.


Ten years.











Decision. — "Whereas, from the petitions of the Superior Judge who sentenced said Slankard,
the District Attorney, and seven of the jurors who tried the case, the said Slankard, in commit-
ting the crime, acted as the tool of two older and more experienced principals; and, whereas,
at the time of his conviction he was recommended to the mercy of the Court, and in the opin-
ion of the petitioners named has already suffered a sufficient punishment for the offense.
March 13, 1883.



Name of Prisoner.


County.


Crime.


Sentenced. Term.


Benjamin Frazee


San Joaquin


Grand larceny


December, 1881.


...One year and
six months.



Decision. — Whereas, said Benjamin Frazee rendered valuable service to the State as a witness
during the months of February and March, in the cases entitled " The People, etc., v. Thorn,"
and " The People, etc., v. Collins ;" and whereas, Searls, Niles <fc Searls, Thos. L. Ford, District
Attorney of Nevada County, E. H. Gaylord, Charles Aull, and 1. W. Lees have filed a petition
asking that the sentence of said Frazee be diminished by fifteen days, thereby terminating it at
once. March 12, 188S.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Charles Frazier


Yuba


Robbery


April, 1878


-Seventeen years.









Decision. — Whereas, the committing Judge, J. H. Craddock, the District Attorney of Yuba
County, and seven of the jurors in the case, affirm that the evidence upon which said Frazier
was convicted was of a very doubtful character; and, whereas, the main witness against Frazier
now withdraws his accusation and declares Frazier to have been innocent of all complicity in
the crime, and petitions his release : and, whereas, a majority of the Judges of the Supreme Court
join in the petition that said Frazier be pardoned to leave the State ; and, whereas, his failure to
leave forthwith, or his return after so leaving, shall render these presents null and void. March
16, 1883. ,



30



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


August Gregory


Alameda


Burglary, second
degree


October, 1882.


One year.









Decision. — Whereas, the said Gregory was but sixteen years old when the crime was commit-
ted, and was the tool of two older persons; whereas, it was his first offense and he had borne a
good character previously; whereas, his widowed mother is compelled, to avert a fatal ending
of the disease which afflicts her, to return to Switzerland, and desires to take her son with her to
be placed with her relatives for rearing and care ; and, whereas, the failure of said Gregory to
leave the State forthwith, or his return after leaving, shall render these presents null and void.
April 9, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.




Mono


Assault with deadly


June, 1882 .__








Two years.











Decision. — Whereas, the committing Judge, M. P. Wiggin, has filed a statement to the effect
that the offense of said Morehouse was " merely a technical one ; " whereas, considering the cir-
cumstances of the case and the fact that the deadly weapon was not discharged by said More-
house, tlie punishment is excessive ; whereas, the character of said Morehouse in the community
in which he lived was excellent prior to his arrest ; and, whereas, a majority of the Senate Prison
Committee, a number of representative citizens of San Francisco, a large number of Mono
County residents, county oflBcers, and others, desire his pardon and recommend it. April 16, 1883.



Name of Prisoner.


Cornty.


Crime.


Sentenced.


Term.


Lelah _.


San Bernardino


Burglary, first de-
erree


February, 1880.






Nine years.







Decision. — Whereas, it is established by the certificate of the physician at San Quentin, Dr.
N. J. Bird, that the said Lelah is in the last stages of consumption, has but a brief time to live,
and desires to be permitted to die among his people; and, whereas, the release of said Lelah is
petitioned for by a large number of residents of San Bernardino County, including county offi-
cials and others cognizaut of the facts. April 26, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


William Williams


Sacramento


Grand larceny


May, 1881


Six years.









Decision. — Whereas, Sheriffs Thos. Cunningham and A. H. Estill, District Attorney Carey,
ex-Sheriff A. Heilbron, ex-District Attorney Buckley, and others familiar with the case, repre-
sent by affidavit that the said Williams rendered the State valuable service at the time of his
trial ; that, in consideration of this, they promised to try and secure a mitigation of his punish-
ment, in pursuance of which agreement they and a large number of reputable citizens petition
his pardon. May J2, 1883.



31



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Sam'l H. Harrington.


San Francisco —


Assault to rob


May, 1876


Eleven years.







Decision. — Whereas, the said Samuel H. Harrington has but a few more days (until the sixth
day of June, 1883) to remain in the State Prison," and, whereas, good and sufficient grounds for
the exercise of executive clemency have been presented. May 19, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Douglass Gum


Tulare .__


Grand larceny.. SeT)tember.l882.


One year.









Decision. — Whereas, Judge W. W. Cross, who sentenced said Gum, urges his case as one par-
ticularly deserving of executive clemency ; whereas, he has served over eight months of the
term to which he was sentenced; whereas, his remaining two months more will deprive him
of an opportunity, at present open to him, of earning a living for his wife and three small
children, in the harvest field : and, whereas, the District Attorney and a large number of worthy
citizens petition his pardon. June 22, 18S3.



Name of Prisoner. County.


Crime.


Sentenced.


Term.


John Dempsey Sacramento


Mayhem


April, 1882


Four years.







Decision. — Whereas, the said Dempsey's conduct while an inmate of Folsom Prison has been
excellent; whereas, he has rendered the State valuable service as a skilled carpenter; whereas,
he is especially recommended for executive clemency by the Warden; and, whereas, the Dis-
trict Attorney who prosecuted him, and a large number of prominent citizens of the town of
Folsom, earnestly petition his release on the grounds of previous good character and mitigating
circumstances. June 25, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


William H. Dunning.


Mariposa


Murder, second
degree


Januarv. 1883


Ten vears.







Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held July 25,
1883, unanimously recommended the said William H. Dunning for pardon, after a full investi-
gation of the case ; and, whereas, an examination of the testimony ta,ken at the trial shows that
the homicide, for which the defendant was sentenced, was a justifiable one, committed in self-
defense. August 4, 1883.



Name of Prisoner.


County. Crime.


Sentenced. i Term.


Geo. T. Bell


Merced


Manslaughter


November, 1878.

• -


Seven years.





Decision. — Whereas, the committing Judge, the ex-District Attorney, the Sheriff of said
county, A. S. Meany, and the District Attorney, John W. Breckinridge, and other officials and
prominent citizens, urge the pardon of said Bell ; and, whereas, the Board of State Prison
Directors, at a meeting held July 17, 1883, unanimously recommend said Bell for executive
clemency. August 9, 1883.



32



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


David Williams


Contra Costa. __


Murder, second


Anril.l879__ _


_ Twenty years.




!





Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held July 25,
1883, unanimously recommended after a full investigation the said David Williams for com-
mutation to ten j'ears' imprisonment ; and, whereas, it appears clearly from the documents on
file in this office that if the said Williams, as is established by the report of the Commissioners,
is worthy of executive clemency, he is entitled to a full pardon. August 17, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Francois De Cleer


San Francisco..


Assault to murder.


July, 1881


. Fourteen years.



Decision. — Whereas, ex-Judge M. C. Blake, of the Municipal Court of San Francisco, before
whom De Cleer was first tried, states by letter that in his opinion the term of two years was
adequate punishment for the crime committed, under the circumstances; whereas, the Physi-
cian at San Quentin,Dr. N. J. Bird, certifies that the said De Cleer is in a dying condition; and,
whereas, the Board of State Prison Directors, at a regular meeting held on the fifteenth day
of May, 1883, unanimously recommended the said De Cleer for pardon. August 18, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


George Brown


San Francisco..


Burglary


February, 1882.


Three years.



Decision. — Whereas, the committing .Judge, Robert Ferral, Thos. J. Bowers, Superior Judge,
and J. D. Sullivan, District Attorney of the County of San Francisco, urge the pardon, on the
grounds of the youth of said Brown, he being but eighteen years of age, and state their convic-
tion, based on his previous good character, and his conduct since confinement, that he will
become an industrious and respectable member of society; and, whereas, he is now afflicted with
a painful illness, which his confinement for the remaining eight months will tend to increase.
October 4, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Sentence.


Ah Ton




Murder, first de-


February, 1879.








Death.









Decision. — Whereas, his sentence has hitherto been commuted to imprisonment for life, on
the ground of doubt as to his guilt; whereas, the Board of State Prison Directors, after an inves-
tigation of the case, report that they greatly doubt his participation in the crime charged ; and,
whereas, the Attorney-General of the State, after investigating the case, coincides in their opin-
ion, and recommends the pardon of the said Ah Ton. October 5, 1883.



33



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Ah Kum


Calaveras


Murder, first de-
gree


February, 1879.















Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held March
21, 1881, recommended said Ah Kum for pardon, on the ground that their investigation of the
case showed said Ah Kum to be guiltless of the crime of which he was convicted ; and, whereas,
the Attorney-General, after likewise investigating the case, coincides in their opinion, and recom-
mends said pardon. October 5, 1883.



Name of Prisoner.


County.


1

1 Crime.


1

1 Sentenced.


Term.


Ah Song


Calaveras


_- Murder, second
degree


February, 1879.


His natural life.



Decisios. — Whereas, the Board of State Prison Directors, at a regular meeting held March
21, 1881, recommended said Ah Song for pardon, on the ground that their investigation of the
case showed said Ah Song to be innocent of the crime for which he was convicted ; and, whereas,
the Attorney-General of the State, after likewise investigating the case, coincides in their opin-
ion, and recommends said pardon. October 5, 1883.



Name of Prisoner. County.


Crime.


Sentenced.


Term.


William Hutchinson.


San Francisco__


Assault to murder.


August, 1880_ —


Five years.



Decision. — Whereas, the committing Judge, T. W. Freelon, recommends the pardon of said
Hutchinson, on the ground that it was his first infraction of the law, he having been for years
a sober and industrious citizen : whereas, the assault was committed under circumstances of
the greatest provocation ; and, whereas, the Board of State Prison Directors, at a regular meet-
ing held July 23, 1883, unanimously recommended the pardon of said Hutchinson. October
5, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


John McLain


Solano


Forgery .:


May, 1883


One year.













Decision. — Whereas, the said John McLain did, on the fifth day of October, 1883, render
valuable service to the State by divulging and making known to the Warden of the State
Prison at Folsom, the hiding place of Stephen Malaspina, a prisoner at said prison, who was
sentenced to life imprisonment, who, on said day, was attempting to escape from said prison ;
and, whereas, the Warden at said prison recommends that the said McLain be pardoned ; and,
whereas, said McLain has but five months and twelve days to serve at said prison till the ter-
mination of said sentence. October 6, 1883.

3^



34



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Frank L.Clark


Sacramento




January, 1881


. . Five 'years.









Dkcision.— Whereas, the said Frank L. Clark is a paralytic, and was such at the time of the
commission of the crime for which he was convicted; and, whereas, it appears that he was
physically unable, at said time, to commit said crime ,• and, whereas, his relatives are willing
to provide a comfortable home for said Clark upon his release. October 12, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Indian Frank


Tuolumne


Grand larceny


October, 1882___


Three years.







Decision. — Whereas, the Superior Judge, District Attorney, Sheriff, and all the other county
officers of Tuolumne County, urgently ask the pardon of said Indian Frank, on the ground that
he is of great and valuable assistance to them in the arrest and prosecution of Mexican and
Chinese criminals; and, whereas, this is his first offense, and his services to the State while out
of the prison will greatly exceed those while in. October 17, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


W. W. Markham


Santa Clara


Accepting a bribe-


February, 1883.


Two years.



Decision. — Whereas, according to petitions and statements numerously signed by citizens of
Santa Clara, the said Markham should be pardoned for the reasons therein set forth, viz. : the
offense at most was a technical violation of law, and the punishment is greatly disproportionate
to the offense. It is his first offense, and no good can come to the people of the State by his
further incarceration in the State Prison. He does not belong to the criminal class, and his
further imprisonment would not benefit the State. October 22, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


James Parker


Butte _ __ __


Manslaughter


October, 1882.


Ten years.











Decision. — Whereas, the Hon. P. 0. Hundley, Judge of the Superior Court, before whom the
said Parker was tried, a portion of the jury which rendered the verdict of conviction, and the
District Attorney of Butte County, together with many citizens of said county, have petitioned
me to pardon said Parker. The Board of Directors of the State Prisons of the State of California,
after fully investigating the case of said Parker, have recommended that he be pardoned.
October 23, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Henry Baker


San Francisco..


Burglary


June, 1880


... Five years.







Decision. — Whereas, the committing Judge, Ferral, and the Prosecuting Attorney, recommend '
that the said Baker be pardoned, on the grounds of his youth, previous good character, and the
opportunity of steady employment; and, whereas, the Board of State Prison Directors have
twice recommended his pardon, at meetings held January 17, 1883, and July 24, 1883. October
26, 1883.



35



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Ah Kow_..


Placer


Murder, second
degree


May, 1874.








Life.









Decision. — Whereas, a petition signed by the leading Chinese merchants of San Francisco has
been presented, asking the pardon of said Ah Kow; and, whereas, grave doubts exist as to the
guilt of said Ah Kow, he having been convicted solely on the evidence of a noted Chinese crim-
inal; and, whereas, the Board of State Prison Directors, after a full investigation, unanimously
recommend the pardon of said Ah Kow. This pardon shall be null and void, unless the said
Ah Kow leaves the State within thirty days after this date, never to return. Jlovember ft, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Patrick Mullen


San Francisco -


Manslaughter


September, 1880.


Five years.



Decision. — Whereas, a petition has been presented stating that he has always been an honest,
industrious, and peaceable citizen, and that this is the first offense of which he has been accused,
signed by the attorney who prosecuted, the Judge who sentenced, and ten of the jurors who
tried the case, together with a letter from Irving M. Scott, in whose employ the said Mullen
had been for a period of fourteen years ; also, the unanimous recommendation of the State
Prison Directors Las been given. November 22, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Manuel Sabaza


San Diego


Grand larceny


September, 1881.


Five years.



Decision. — Whereas, it appears from the report of the Resident Physician, at San Quen-
tin State Prison, that the said Manuel Sabaza is suffering from consumption, and is in imminent
danger of death; and, whereas, at the regular meeting of the Board of State Prison Directors,
held November 23 and 24, 1883, the pardon of the said Manuel Sabaza was unanimously rec-
ommended. November 27, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


E. M. Lipska


San Francisco..


Forgery


May, 1882











Decision. — Whereas, the District Attorney who prosecuted and the jury who tried the said



Online LibraryCalifornia. LegislatureAppendix to the Journals of the Senate and Assembly of the ... session of the Legislature of the State of California (Volume 1885v.1) → online text (page 4 of 83)