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Lipska have petitioned his pardon, and the Judge, T. W. Freelon, who sentenced him, has no
objection to a pardon being granted ; whereas, the Resident Physician certifies that the said
Lipska is suffering from consumption, and is in imminent danger of death ; and, whereas, the
Board of State Prison Directors, at a regular meeting held November 23 and 24, 1883, unan-
imously recommended the pardon of said Lipska. Noyember 27, 1883.



36



Name of Prisoner. County.


Crime.


Sentenced.


Term.


George Gorman Napa ' Robbery July, 1881


Five years.



Decision. — Whereas, the District Attorney, and eight of the jurors who tried the case, have
petitioned the pardon of said Gorman ; and, whereas, there exists grave doubt as to the guilt of
said Gorman ; and, whereas, the Board of State Prison Directors, at a regular meeting held No-
vember 23 and 24, 1883, unanimously recommended his pardon. November 30, 1883.



Name of Prisoner.


County.


1

1 Cnme.


Sentenced.


Term.


Daniel Murphy


Napa


Robbery


July, 1881


Five years.





Decision. — Whereas, there exists grave doubt as to the guilt of said Murphy, and the District
Attorney who prosecuted the case, and eight of the jurors who tried it, have petitioned the par-
don of said Murphy: and, whereas, the Board of State Prison Directors, at a regular meeting
held November 23 and 24, 1883, unanimously recommended that a pardon be granted said
Murphy. November 30, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Henry Moore


San Francisco „


Grand larceny .-_ August, 1881 Ten years.



Decision. — Whereas, the said Moore, according to the certificate of N. J. Bird, Resident Phy-
sician of the San Quentin State Prison, is in imminent danger of death from an enlarging
tumor, inaccessible to surgical treatment: and, whereas, the Board of State Prison Directors, at
a regular meeting held July 25, 1883, recommended the said Moore for pardon. December 8,
1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Henry McDonald


San Francisco Biirclnrv


May, 1882


. Two years.











Decision. — Whereas, the said McDonald is but seventeen years of age; and, whereas, his
mother, now resident in Seattle, desires that he be allowed to come to her, on condition that he
never returns to this State ; and, whereas, the Board of State Prison Directors, at a regular meet-
ing held July 25, 1883, recommended his pardon: and, whereas, these presents shall be null
and void should the said McDonald, after his release, fail to quit the State forthwith, or ever
after return to this State. December 8, 1883.



Name of Prisoner.



County.



Mary McGinley Sacramento..



-One year.



Decision. — Whereas, it is clearly established by the testimony of parties familiar with the
case, to wit : J. W. Armstrong, the committing Judge, eight of the jurymen, the Prosecuting
Attorney, Sheriff, and reporter, that there is very grave doubt of the guilt of the said Mary
McGinley; and, whereas, all the parties aforesaid unite in recommending the said Mary McGin-
ley as a proper subject of executive clemency. December 15, 1883.



37



Name of Prisoner.



County.



Term.



George Milasich Sacrfemento



Manslaughter December, 1881 Four years



Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held Novem-
ber 26, 1883, recommended the said George Milasich for pardon; and, whereas, the committing
Judge, S. C. Denson, joins in the recommendation, averring that there was and is great doubt
of the prisoner's guilt. December 24, 1883.



Name of Prisoner.



Termt



Hiram James ' San Joaquin ] Manslaughter...



April, 1882 Five years.



Decision. — Whereas, the committing Judge, W. S. Buckley, and twelve jurors, who tried the
defendant, and other parties by affidavit and personal and written statements, make it clear
beyond a reasonable doubt that the assault committed by the said James, which caused his
arrest, was committed in necessary self-defense ; and, whereas, the Board of State Prison Direc-
tors have recommended the said James for pardon. December 27, 1883.



Name of Prisoner.


County.


Crime. Sentenced.


Term.


Ramon Gonzales


Stanislaus


Manslaughter


March, 1883 Five years.



Decision. — Whereas, the Board of State Prison Directors, at regular meetings held January
4, 1884, and February 4, 1884, recommended the said Gonzales for pardon, on the ground that
he was incurably ill and had expressed a reasonable desire to die outside the prison gates; and,
whereas, in case the said Gonzales has no friends who will guarantee to the Warden reasonable
care and comfort to him after his release, these presents are null and void. February 27, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Indian John Del Norte


Burglary, second
degree __ _ ._


June, 1883 Kleveh vears.













Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held February
23, 1884, recommended the said Indian John for pardon, on the ground that he was incurably
ill, and had expressed a reasonable desire to die outside the prison gates ; and, whereas, these
presents are null and void in case the said Indian John has no friends who will guarantee to
the Warden reasonable care and comfort for him after his release. February 27, 1884.



Name of Prisoner. County. Crime.


Sentenced.


Term.


George Gleason i Alameda Burglary, second

degree November, 1881 Five j'ears.

1 1 1



Decision. — Whereas, the Board of State Prison Directors, at regular meetings held January
4, and February 23, 1884, urgently recommend that said Gleason be pardoned, on the
ground that he is incurably ill, and desires a pardon only that he may die outside the prison
gates; and, whereas, in case the said Gleason has no friends who will guarantee him care and
reasonable comfort upon his release, these presents are null and void. February 27, 1884.



38



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Andrew Hansen


San Francisco -


1
Grand larceny June, 1881 Six years.



Decision.— Whereas, the Board of State Prison Directors, at regular meetings held January
4 and February 23, 1884, urgently recommended that said Hansen be pardoned, on the ground
that he is incurably ill and desires a pardon that he may die outside the prison gates; and,
whereas, in case the said Hansen has no friends who will guarantee to the Warden care and
reasonable comfort for the said Hansen upon his release, these presents are null and void.
February 27, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.




Tuolumne


Robbery


June, 1878


Life.











Dkcision. — Whereas, the Board of State Prison Directors, at a regular meeting held February
23, 1884, recommended the pardon of said Ybarra, on the ground that he is incurably ill, and
they desire to have his request granted, to wit: that he be buried outside the prison grounds;
and, whereas, in case the said Ybarra has no friende who will guarantee to the Warden care and
reasonable comfort for the said Ybarra after his release, these presents are null and void. Feb-
ruary 27, 1884.



N'amo of Prisoner.


County. 1 Crime.


1
Sentenced. 1 Term.


1
James Bohannan Nevada Robbery June, 1882 Seven years.

1



Decision. — Whereas, the Hon. John Caldwell, committing Judge, E. H. Gaylord, District
Attorney, and the Board of Supervisors of Nevada County, urge the pardon of said Bohannan
pursuant to a promise made in the interests of justice and for the State; and, whereas, the Board
of State Prison Directors, at a regular meeting held in November, 1883, recommended said
Bohannan for pardon. February 28, 1884.




George Wilson.



San Francisco.- Robbery March, 1878 Ten years.



Decision. — Whereas, the committing Judge, Hon. M. C. Blake, states that the sentence of
said Wilson was three years greater than he desires to pronounce upon him, and, pursuant to
a promise made at the time, requests his pardon ; whereas, a majority of the Justices of the Su-
preme Court request said pardon ; and, whereas, the Board of State Prison Directors, at a regular
meeting, have recommended that said pardon be granted. February 28, 1884.



Name of Prisoner.



John Benson San Francisco-



Assault to commit ,

robbery _.__'.. J June, 1881.



-Five years.



Decision. — Whereas, the State Board of Prison Directors, at a regular meeting held Novem-
ber 26, 1883, recommended that a pardon be granted said Benson, on the grounds that he is
incurably ill and desires to be spared a death in prison : whereas, he has friends in the East
who will take charge of him ; and, whereas, these presents are' null and void in case his friends
should fail to guarantee to the Warden of the prison adequate care and reasonable comfort for
him while he lives. March 6, 1884.



39



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Isaac Tamkin


Nevada


Manslaughter


March, 1882 ._


Ten years.









Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held October
6, ] 883, recommended said Tamkin for pardon ; whereas, the committing Judge, John Cald-
well, states that Tamkin killed McLellan under fear that if he did not McLellan would at some
future time kill him; whereas, the entire jury join in the petition, each giving a substantial
reason for his joining in the petition ; and, whereas, a majority of the leading citizens of Truckee
and of Virginia City, Nevada, ask the pardon and testify to the good character of Tamkin.
March 10, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


H. T. Garratt


San Francisco.-


Burglary, second
degree


March, 1882


Three years.











Decision. — Whereas, the Board of State Prison Directors,at a special meeting held Januarys,
1884, unanimously recommended the said Garratt for pardon; whereas, the committing Judge,
T. W. Freelon, and the District Attorney of the City and County of San Francisco, urge the
pardon, on the grounds of the youth, capability, and reformation of said Garratt. March 10,
1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Thos. W. Stainbrook-


Butte


Murder, second
degree


May, 1877








Twenty-seven








and one half y'rs.



Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held December
27, 1883, unanimously recommended that the said Stainbrook be pardoned and set at liberty on
the first day of April, 1884; whereas, three hundred and seventy-three citizens of his county
ask his pardon; whereas, his companions in the offense committed, have all been granted
clemency ; and, whereas, he has already served (credits included) over a ten years term. March
31, 1884.



Name of Prisoner.


County. Crime.


Sentenced.


Term.


James Brown


Merced Robbery


January, 1883


Ten years.











Decision. — Whereas, the Judge who sentenced said Brown, Hon. Chas. H. Marks, the Dis-
trict Attorney who prosecuted him, the Sheriff, and County Clerk, together with a large num-
ber of citizens of Merced County, and of San Francisco, and eight of the jurors who found him
guilty of the crime as charged, have petitioned the pardon of said Brown; and, whereas, pre-
vious to the offense he bore a high character for honesty and industry, the incarceration in the
penitentiary has proved reformatory, and the restoration of liberty to said Brown will prove a
gain rather than a loss to the State. April 5, 1884.



40



Name of Prisouer.



County.



Sentenced.



Term.



Geo. L. Donovan .



Butte Grand larceny.



March, 1881 Eight years.



Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held February
23, 1884, recommended that the said Donovan be pardoned, on condition that he leaves the
State never to return ; and, whereas, in case of his failure to leave the State forthwith after
release from the State Prison these presents are null and void; and, whereas, in case he returns
to the State after so leaving these presents are null and void. April 25, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.




San Francisco -


Forgery


January, 1881


Five years.









Decision. — "Whereas, the Board of State Prison Directors, at a regular meeting held February
23, 1884, unanimously recommended that the said Zea be pardoned, on condition that he leave
the State never to return; and, whereas, if after his release from prison he should fail to leave
the State forthwith, or, if after so leaving, he should return to this State, these presents are
null and void. April 26, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


T. S. Harris


Los Angeles Assault to commit


February, 1884.








murder


One year.



Decision. — Whereas, it is established by the testimony of the District Attorney, Judge, and
Chief of Police, that the assault was committed under circumstances of very great provocation;
whereas, the jury recommended mercy, and the Judge inflicted the lowest possible penalty ; and,
whereas, hundreds of reputable citizens have established Harris' reputation for peace and integ-
rity, and urge that he be set at liberty, and restored to the community. May 21, 1884.



Name of Prisoner.


County.


Crime. Sentenced.


Term.


1
Frederic Laux Colusa


Murder, second de-
gree ._ April, 1882


Fourteen years.











Decision. — Whereas, the State Board of Prison Directors, at a regular meeting held Decem-
ber 18, 1883, recommended said Laux for pardon; whereas, it appears that said Laux committed
the offense in a quarrel in which. he was not the aggressor, and in defense of the home which
the other party to the quarrel was endeavoring to wrongly deprive him of. May 21, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.




San Francisco..


Felony


April, 1882


- Eight years.











Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held March

20, 1884, unanimously recommended said Anderson for pardon; whereas, it clearly appears,,
from documentary evidence on file, that the said Anderson was innocently convicted, the die
which he had in his possession having been openly ordered from a reputable engraver for pur-
poses which he supposed perfectly legitimate. May 21, 1884.



41



Name of Prisoner.



Samuel Doubt



Nevada Grand larceny ! January, 1884.. j.FLfteen months.



Dkcisiox. — Whereas, the Board of State Prison Directors, at a regular meeting held May 15,
1884, unanimously recommended said Doubt for pardon, on the ground of his youth and his
future good conduct, guaranty of which they received from two able and responsible citizens.
May 31, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Joseph Gardella


San Francisco _.


Murder


September, 1877. Life.



Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held May 20,
1884, the preceding Board, at a regular meeting held August 16, 1881, the committing Judge,
and a large number of reputable and prominent citizens, have recommended the said Gardella
as a fit and proper subject of executive clemency. June 5, 1884.



Name of Prisoner.


County. Crime.


Sentenced.


Term.


James Crum


Tuolumne Robbery December, 1881.


Twelve years.



Decision*. — Whereas, the Board of State Prison Directors, at a regular meeting held January
23, 1884, unanimously recommended that the said James Crum be pardoned, on condition that
he leaves the State never to return ; whereas, the reasons for such recommendation as appearing
in the documents on file are good and sufficient ; whereas, a majority of the Supreme Court
recommend the pardon : and, whereas, in ease the said Crum fails to leave the State forthwith,
or returns to the State after so leaving, these presents are null and void. June 12, 1884.



Name of Prisoner.



County.



Charles Grav San Francisco..



Burglary, first de-
gree t November, 1882.. Two and one

[ ' half years.



Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held April 18,
1884, unanimously recommended that the said Charles Gray be pardoned, upon the condition
that he leaves the State never to return ; and, whereas, the reasons which led them to this
opinion are fully set forth in the papers on file in this department; and, whereas, in case he fails
to leave the State forthwith, or returns to the State after so leaving, these presents are null and
void. June 12, 1884.



Name of Prisoner.


County. Crime. Sentenced.


Term.


James Hill


San Luis Obispo.


Assault to mnrder. September, 1882.


Ten years.





Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held May 15,
1884, unanimously recommended the said James Hill for executive clemency on the grounds
of his unusually faithful and industrious service, and the fact that the prosecuting witness has
expressed his desire that Hill should be pardoned, in which request the District Attorney and a
large number of citizens joined. June 20, 1884.



42



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


ZoUicoff Lowery


Napa


Petit larceny, sec-
ond offense


May, 1883






One year and






six months.



Decision. — Whereas, the said Lowery is now but nineteen years of age; whereas, the offense
of which he was convicted was but a light one; whereas, the Board of State Prison Directors
have recommended that said Lowery be pardoned; and, whereas, the term of sentence of said
Lowery has nearly expired. June 27, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Charles Ward


San Francisco..


Assault to rob


December, 1882.


.-Fourteen years.



Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held May 15,
1884, recommended the said Ward for pardon, on the ground that he is incurably sick, and can
live but a few months; and, whereas, the said Ward shall not be released from prison until his
relatives in Canada, agreeably to their expressed intention, shall have furnished the means of
his transportation out of the State. June 28, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Patrick Smith . _


San Francisco..


Embezzlement


March, 1883


Seven years.









Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held May 20,
1884, unanimously recommended the pardon of said Smith, on the grounds of former industry
and good character, and it appearing to the satisfaction of said Board that the intention of crime
was absent; and, whereas, the committing Judge and the District Attorney both petition the
pardon of said Smith. July 12, 1884.



Name of Prisoner. 1 County.


Crime.


Sentenced.


Term.


James B. Ayres


San Francisco..


Murder, second
degree


April, 1879


Life.











Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held July 17, 1884,
unanimously recommended the said Ayres for pardon, on the ground that he is incurably sick
and declining rapidly; whereas, these presents are null and void if the relatives of said Ayres
do not appear to take charge of him and guarantee reasonable care and eomfort for him during
his life. July 17, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


George Byrne


San Francisco..


Grand larceny


January, 1882..


Ten years.



Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held June 16,
1884, unanimously recommended the said Byrne for pardon, on the grounds of his youth, his
good conduct, and the probability of his complete reformation in a position of usefulness which
has been offered him ; and, whereas, these presents are null and void in the event that he is not
given a position upon his release where he may earn an honest living, as per letter on file in
his office. July 22, 1884.



43



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


John Murphy


Fresno


Burglary, second
degree


March, 1884__.


Three years.







Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held June 16,
1884, unanimously recommended the said Murphy for pardon, on the grounds of his extreme
youth, and the fact that he has been ofl'ered an opportunity to earn an honest livelihood and
reform ; and, whereas, these presents are null and void should he be deprived of said opportu-
nity as guaranteed per letter on file in this office. July 22, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Mak Ah Chin


San Francisco _-


Perjury


September, 1883.


Three years.



Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held May 15,
1884, unanimously recommended the pardon of said Mak Ah Chin, on the ground that there was
no intention to commit the crime of perjury, it appearing to be a case of mistaken identity; that
the said Mak Ah Chin has always borne a good character, and has been engaged in a reputable
business; that his Iiealth has suflTered by his imprisonment, and that his life is imperiled by
further confinement ; and, whereas, these presents are null and void should the said Mak Ah
Chin fail to leave the State upon the next outgoing China steamer, never to return. July 25,
1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


James Scanlan


Placer


Burglary, first de-








gree


July, 1881


-_ Fifteen years.









Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held June 16,
1884, unanimously recommended the pardon of said Scanlon, on the ground of his extreme
youth at the time of conviction, his uniform good conduct as a prisoner, his evident intention
to lead a moral and industrious life, the strong recommendation of the Judge who tried and the
District Attorney who prosecuted him, and for the further reason thata responsible firm, Messrs.
Pardini & Co., of San Francisco, promise, in writing, to employ said Scanlon as soon as he is
released ; and, whereas, in the event of a non-performance of said promise, these presents are
null and void. July 25, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


John Mitchell-


Fresno


Grand larceny


January, 1884


Five years.









Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held June 28,
1884, unanimously recommended the said Mitchell for pardon, on the ground that, through his
ignorance of the language, and the committing Judge's admitted ignorance of the fact, the said
Mitchell had been sentenced heavily for a felony, when, in fact, he was guilty of a misdemeanor,
and deserved, at most, imprisonment for a few months. August 1, 1884.



44



Home of Prisoner.


County.


Crime.


Sentenced. Term.


Joseph Warren


Tulare


Grand larceny


January, 1882


Five years.









Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held May 17,
1884, recommended the said Warren for clemency, on the ground of diligent and faithful labor,
and extraordinary zeal in doing the work to which he has been assigned. August 1, 1884.



Name of Prisoner.


County.


Crime. Sentenced.


Term.




Los Angeles


Grand larceny . August, 1883


Two years.









Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held June 16,
1884, unanimously recommended said Redmond forpardon,on the grounds of his extreme youth,
his strong desire to improve himself mentally, the strong recommendation of the Judge who
sentenced and the District Attornej' who prosecuted him, and the recommendation of the Prison
Directors, who believe his reformation complete, and that a longer incarceration would only
serve to demoralize a character ; and, whereas, his friends are willing and anxious to provide
and care for him as soon as released. August 8, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Chas. M. Fairbanks..


San Francisco __


Obtaining money,
false pretenses..


April, 1884 ....


One year.



Decision. — Whereas, a petition has been presented to this office, signed by Hon. Robert Fer-
ral, before whom he was convicted, E. B. Stonehill, who was the Prosecuting Attorney in the
case, D. J. Toohy, Judge of the Superior Court, Department Eleven, beside other prominent



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 5 of 83)