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 7 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 7 of 83)
Font size
QR-code for this ebook


Deputy District Attorney of said county, by the Mayor of said city, by many of the county
officers, and also by well-known citizens of said county, asking that said Melville be pardoned;
and, whereas, it appears that the family of said Melville is in indigent circumstances, and needs
his attention and support; and, whereas, the said Melville has now been imprisoned more than
fifty days. May 7, 1884.



54



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Viola Gibson


Alameda


Petit larceny


March, 1884


-Sixty days.









Dkcision. — Whereas, the said Viola Gibson, according to the petition of the committing Judge,
the District Attorney, and many reputable and worthy citizens of Oakland, is not of a depraved
or vicious nature; and, whereas, she has friends who agree to care for her, and by their efforts
endeavor to make her a good woman and a respectable member of society. May 8, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Joseph White


San Joaquin .._


Assault with dead-
ly weapon


December, 1883.


Six months

and $250 fine.



Decision. — Whereas, the Superior Judge, Hon. W. S. Buckley, who sentenced said White,
personally requests his pardon, saying, " that with all the facts now in my possession, had I
the power, I would relieve him of further imprisonment;" whereas, the pardon is also requested
by the District Attorney, a number of the county officials, and many citizens, who testify to the
good conduct of said White, and to the severity of his sentence; and, whereas, the said White
has now served more than six months and will be unable to pay the fine, and justice can be
no more fully subserved by a longer incarceration of said White. June 26, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Cassie Irwin


Siskiyou


Assault with dead-
ly weapon


March, 1833 _


Two years.









Decision. — Whereas, the injury inflicted in the assault was very slight; whereas, in the
opinion of the committing Judge, as expressed by petition and of a large number of prominent
citizens of Siskiyou County, the defendant in serving thirteen months has already been ade-
quately punished for his crime. June 27, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Mrs. E. F. Reardon


San Francisco


Vagrancy


Julv, 1884


Ninety days.











Decision. — Whereas, a petition has been pre.sented to this office signed by Patrick Connolly,
Sheriff, P. Crowley, Chief of Police, and by Judge Lawler, Judge of the Court in which she
was convicted, and others, praying for Ihe pardon of the prisoner; and, whereas, the daughter
of said Mrs. Reardon agrees, if said pardon be granted, to take her mother out of the State of
California. August 2, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Jose Reyes Bernal


Alameda


Assault with dead-
ly weapon


April, 1884


Six months






and $300 fine.



Decision. — Whereas, the committing Judge and ten of the jurors who found him guilty,
together with a large number of prominent citizens of Alameda County, have petitioned the



55

pardon of said Bernal ; and, whereas, the sentence seems an excessive one for the first offense,
and the defendant has always borne a high character for industry and good conduct, and his
■conduct since incarceration has been exemplary; and, whereas, this pardon shall not release
said Bernal from the obligation of the fine as imposed. August 18, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Frederick Olney


San Francisco-


Vagrancy


August, 1884.


Sixty days.







Decision. — Whereas, Hon. James Lawler, Judge of said Police Court, has joined in a petition
recommending the pardon of said Frederick Olney, for the reason that said Olney pleaded
guilty to said charge without due consideration of the fact that he was a cripple, and was about
to come into the possession of an estate by inheritance from his grandfather. September 3,

1884.



Kame of Prisoner.


County.


Crime.


Sentenced.


Term.




San Francisco -




May, 1884


Two years.











Decision. — Whereas, a petition has been presented to the Governor, signed by the Judge before
whom he was tried, and the District Attorney who prosecuted him ; also by Judges Clough,
Sullivan, and Ferral of the Superior Court, and Samuel Shear, Superintendent of the House of
Correction; also by Herman Ranken, Thos. Ashworth, John Shirley, T. Brickenback, C. H.
Burton, E. B. Pond, -^nd J. Henley Smith, asking for the pardon of said Barker; and, whereas,
it appearing that the said Barker is industrious, and is also a cripple, and that there are grave
•doubts in the minds of the petitioners as to the guilt of said Barker. October 14, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


B. F. Gober


1
Napa Assault with dead-


April, 1884








ly weapon


Six months

and $200 fine.



Decision. — Whereas, a large number of the citizens of the community in which said Gober
resided, and ten of the jurymen who found him guilty, testify by petition to the previous good
-character of the said Gober, to the fact that there were mitigating circumstances connected with
the offense, and state that in their opinion he had been sufficiently punished, he having served
the term of imprisonment prescribed. October 28, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Ardis Kinchley


San Francisco. _


Petit larceny


November, 1883.


._ Twenty-seven
months.



Dkcision. — Whereas, it is established by a petition asking the pardon of said Kinchley, and
signed by the prosecuting witness, the committing Judge, the Sheriff of San Francisco, and
other trusted officers of the municipality, that prior to the commission of said crime the said
Kinchley bore an excellent character, was a trusted employe, and fell only through intoxicating
liquors; and, whereas, these presents are null and void if the said Kinchley does not leave the
■State forthwith, or returns after so leaving. November 15, 1884.



56



Name of Prisoner.




Term.



Warren Chapman.



Assault with dead-
ly weapon. 1__.



February, 1884. Two years.



Decision. — Whereas, Hon. T. K. Wilson, the committing Judge, Hon. Judge Ferral, the
Sheriff of San Francisco, the Prosecuting Attorney, and other oflBcials and reputable citizens,,
certify that this is the young man's first offense, that he bore a good reputation prior to it, that
a situation awaits him in an Eastern State; and, whereas, should he fail to leave the State forth-
with, or return after so leaving, these presents shall be null and void. November 20, 1884.



Name of Prisoner. County.


Crime. ' Sentenced.


Term.


Joseph H.Victor San Francisco. _


Indecent exposure.


September, 1884.


Six months.



Decisios. — Whereas, the said Victor is a young man, thirty-two years of age; bore an excel-
lent reputation prior to his offense ; is of respectable parentage, and has relatives of high stand-
ing, who request the privilege of taking care of him, in consequence of his failing health;
whereas, these presents are null and void, in case after his release he fails to leave the State
forthwith, or returns after so leaving. November 25, 1884.



Name of Prisoner.


County. Crime. ' Sentenced. 1 Term.

1


F. S. Monroe


San Francisco—


Obtaining money,
false pretenses.- September, 1884.


Ninety days

and $250 fine.



Dkcisios. — Whereas, the committing Judge, the District Attorney, and eight of the trial
jurors, and a number of responsible citizens of Oakland, petition the pardon of said Monroe, on.
the ground that there is reasonable doubt as to his guilt, and his imprisonment is a heavy pun-
ishment to a large and needy family. December 5, 1884.



Name of Prisoner. i County. | Crime. j Sentenced.


Term.


E. C. Johnstone Alameda

1


Misdemeanor ! April, 1879 i Ninety days

j and $30 fine.



Decision. — Whereas, the said Johnstone, a boy, ran away and has just been returned to this
State by his mother; whereas, he is dangerously ill and physically unahile to bear an incarcer-
ation, which under the circumstances might result fatally; whereas, there is no further disposi-
tion on the part of the authorities to punish him; and, whereas, the fine inflicted has been
paid. December n, 1884.



57



LIST OF COMMUTATIONS.



Name of Prisoner.


County.


Crime. Sentenced. i Term.

I. 1


L. L. Farnsworth Los Angeles

1
1


Grandlarceny


May, 1881


-One year and six
months.



Decision. — Whereas, the said Farnsworth has given every evidence of penitence for his crime,
and the desire to compensate therefor by rigid obedience to the laws in future ; whereas, the
Chaplain and Warden of the State Prison join in recommending him as a proper subject for
executive clemency ; and, whereas, in my opinion, considering all the circumstances, the
diminution of the sentence will still insure the adequate punishment of said Farnsworth.
Let_his sentence be commuted to one year. March 29, 1883.



Name of Prisoner.


County.


1
Crime. Sentenced.


Term.


Samuel Hart


Shasta . _ _.


Robbery January, 1877 -


Ten years.











Decision. — Whereas, the said Samuel Hart has now served all but two months of the term
for which he was sentenced; whereas, his record as a prisoner has been so exceptionally good
as to induce the Warden of the Folsom State Prison, Hon. Jno. McComb, to urge the extension
to him of executive clemency; and, whereas, the said Hart petitions for his release in order that
he may earn sufficient money during the harvest season to enable him to return to his home,
which money he cannot otherwise earn. Let his sentence be commuted to expire on the second
day of June, 1883. June 2, 1883.



Name of Prisoner.



County.



Crime.



Sentenced.



William Allen.



Monterey Grand larceny



September, 1882.1 Four years.



Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held July 24,
1883, recommended that the sentence of said William Allen be commuted to two years. Let
his sentence be commuted to two years. October 5, 1883.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Refugio Molino


Fresno


Grand larceny


March, 1879









Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held July 24,
1883, recommended that the sentence of said Molino be commuted to six years. Let his sen-
tence be commuted to six years. October 5, 1883.



Name of Prisoner.


County. 1 Crime.


Sentenced. Term.


Charles Campbell


Sacramento


Grand larceny


June, 1881 Five years.



Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held July 20,
1883, recommended that the sentence of said Campbell be commuted to three years. Let his
sentence be commuted to three yeais. October.5, 1883.



58



Name of Prisoner.



County.



Crime.



E. E. Roberts.



. . Butte Murder, second

degree



May, 1877 Twenty-five

years.



Decision. — Whereas, at a regular meeting of the State Prison Directors, held September 14,
1883, the sentence of said E. R. Roberts was unanimously recommended for commutation to
ten years. Let the sentence be commuted to ten years. November 21, 1883.



Name of Prisoner.



County.



Sentenced.



Charles Slaughter I Butte | Murder, second 1

j degree i May, 1877 | Twenty-five

! I ! I vears.



DEnsiON. — Whereas, the said crime was committed at a time of great public excitement, and
the said Slaughter, then a j'outh of nineteen (19) years, who before that time had borne a high
character for honesty and industry, committed the crime at the instigation of a secret anti-
Chinese organization ; and, whereas, several of the Grand Jurors who found the indictment
against, a number of the jurors who tried, and the District Attorney who prosecuted said
Slaughter, together with a large number of prominent citizens of Butte County, do petition his
commutation ; and. whereas, the Board of State Prison Directors unanimously recommend it,
and the ends of public justice would not be more fully subserved by a longer incarceration.
Let his sentence be commuted to ten years. November 22, 1883.



Name of Prisoner.


County.


Crime.


Sentenced. Term.


John Slaughter


Butte —


Murder, second
degree






May, 1877 Twenty-five

years.







Decision. — Whereas, the said crime was committed at a time when public excitement ran
high, and it appears that the said Slaughter (a young man) was but a tool of men of maturer
mind ; and, whereas, the District Attorney who prosecuted, several of the jurors who tried him,
and a number of the Grand Jurors who found the indictment against said Slaughter, together
■with a large number of prominent citizens of Butte County, do petition his commutation ; and,
■whereas, the Board of State Prison Directors unanimously recommend .it, the ends of justice
•will not be more fully subserved by a longer incarceration. Let his sentence be commuted to
ten years. November 22, 1883.



Name of Prisoner.


County.


Crime.


Sentenced. ! Term.


J. M. Holder.-


Butte


Manslaughter Julv. 1879 .. Ten vears.











Decision.— Whereas, the Board of State Prison Directors, at a regular meeting held August
11, 1883, recommended that the sentence of said J. M. Holder be commuted to six years. Let
his sentence be commuted to six years. November 26, 1883.



59



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


E. E. Holder


Butte .- ...


Manslaughter


July, 1879


Eight years.











Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held August
11, 1883, recommended that the sentence of said E. E. Holder be commuted to six years. Let
his sentence be commuted to six years. November 26, 18S3.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.




Butte. —


Murder, second de-








gree


May, 1877


Twenty-five


1




years.



Decision. — Whereas, the said crime was committed at a time of great public excitement, and
said Conway, whose life had previously been one of probity, committed the crime at the insti-
gation of a secret anti-Chinese organization; and, whereas, a number of the jurors who tried,
and the District Attorney who prosecuted the case, have petitioned the pardon of said Conway,
and the State Board of Prison Directors, at a regular meeting held September 14, 1883, unani-
mously recommended the commutation of his sentence. Let his sentence be commuted to ten
years. November 30, 1883.



Name of Prisoner.


County.


Crime.


Sentenced. j Term.


J. C. Staley


Sonoma


Arson, three com-
mitments


July, 1879 j Seventeen years.



Decision. — Whereas, the said Staley, at the time of his conviction, was but a boy, and seems
to have been the dupe of persons older in crime and in years: and, whereas, many prominent
citizens of Sonoma Count}', together with the District Attorneys, present and past, and the
Sheriff, have petitioned a commutation of said sentence; and, it appearing that the end of
justice would not be more fully subserved by a longer incarceration of said Staley. Let his
sentence be commuted to ten years. February 6, 1884.



Name of Prisoner.


County. j Crime.


Sentenced. i Sentence.


John Murback




February, 1883_ Death.





Decision. — Whereas, a petition signed by six of the Grand Jurors who found the indictment
against said Murback, and six of the trial jurors who rendered the ver<^ict against him; by all
the attorneys of Napa County, except one; and also by two hundred and fifty of the citizens of
Napa County, asking that the sentence of said Murback be commuted to imprisonment 'for life,
has been presented to the Executive; and, whereas, the District Attorney of said county
recommends said commutation; whereas, affidavits have been filed in this office alleging facts,
which, had they been proven on the trial of said case, would no doubt have produced a differ-
ent result; and, whereas, I have carefully considered all the evidence produced at the trial of
said Murback. Let his sentence be commuted from death, by hanging, to imprisonment for
life. February 27, 1884.



60



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Caroline Norton


Santa Barbara. .


Murder


September, 1875-


Life.









Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held September
15, 1883, recommended the said Caroline Norton for commutation of sentence to fourteen years,*
whereas, their successors, at a regular meeting held February 23, 1884, made the same recom-
mendation ; and, whereas, said commutation has been urged by two legislative committees, a
majority of the convicting jury, and the officers of the State Prison at San Quentin. Let her
sentence be commuted to fourteen years. March 16, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.




Calaveras


Arson


July, 1881


- -Twelve years.











Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held November
26, 1883, recommended said Hutchinson for commutation of sentence; whereas, the District
Attorney of said county, eleven of the convicting jury, and a large number of citizens of the
county, join in said petition. Let his sentence be commuted to three years and six months.
March 17, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Sentence.


James F. Renfro .


Sonoma


Murder, first de-
cree _. ._


February, 1870-


Death.









Decision. — Whereas, his sentence was commuted by Governor Haight, April 29, 1870, to
imprisonment for life; whereas, the evidence upon which the said Renfro was convicted was
purely circumstantial, and the principal witness, a boy of eight years, who, with other witnesses,
was allowed to testify, has since made an affidavit, which, had it been presented to the jury,
would have undoubtedly changed the verdict; and, whereas, nearly six hundred prominent
citizens of Sonoma County have petitioned for commutation of his sentence, the State Board of
Prison Directors unanimously recommend said commutation, on the ground that there are grave
doubts as to the guilt of said Renfro. Let his sentence be commuted to the term of twenty-one
years. April 5, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Sentence.


Carl Johansen


San Francisco -


Murder


December, 1882-


Death.









Decision. — Whereas, petitions, statements, and affidavits have been filed in this office asking
a commutation of the sentence of said Johansen to imprisonment for life, on the ground of the
actual and hereditary insanity of said Johansen; and, whereas, said statements and petitions
are signed by the Judge before whom said Johansen was convicted, the District Attorney who
prosecuted him, and by eleven members of the jury who convicted him; and, whereas, the
Attorney-CTeneral, in a Written statement, on file in this office, says that this is a case wherein
executive clemency should be exercised, and recommends that the sentence of said Johansen be
commuted to imprisonment for life; and, whereas, written evidence from the Protocal of Justice,
kept at the Town Court of Kalmar, Sweden, has been filed in this office, establishing, in the
opinion of the undersigned, the insanity of said Johansen. Let his sentence be commuted to
imprisonment for life. April 16, 1884.



61



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Richard Vaughan


San Francisco .-


Burglary


April, 1883


.. - Two years.







Decision. — Whereas, the Board of State Prison Directors, after a careful examination of the
case, recommended at a regular meeting held April 19, 1884, that the sentence of the said Vaughan
be commuted to one year, and have so notified this department, with the request that he be.
released forthwith. Let his sentence be commuted to one year. April 26, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.




Calaveras


Robbery


January, 1878


Twelve years.









Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held April 18,
1884, recommended, after careful investigation, that the said Benson's sentence be commuted to
ten years, on condition that he leaves the State never to return ; and, whereas, in the event of
his failure to leave the State forthwith after his release from the State Prison, and of his return-
ing to the State after so leaving, these presents are null and void. Let his sentence be commuted
to ten years. May 9, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Robert Manning


San Francisco..


Murder, second de-
firree


March, 1874 ...


Life.











Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held January
6, 1884, unanimously recommended that the sentence of said Manning be commuted to seven-
teen years, on the grounds of good conduct, failing health, previous character, and excessive term ;
and, whereas, the Senate Committee on State Prisons of the Legislature of 1883, recommended that
the said sentence be commuted to fifteen years. Let his sentence be commuted to fifteen years.
June 4, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Charles E. Lawson


Alameda


Burglary, first de-
cree


August, 1883


Two years.











Decision. — Whereas, the Board of State Prison Directors, at a regular meeting held January
5, 1884, unanimously recommended that the sentence of said Lawson be commuted to one year.
Let his sentence be commuted to one year. June 4, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Sentence.




San Joaquin


Murder


November, 1883.


Death.









Decision. — Whereas, it is clearly established by affidavits and other documents on file in this
office, that the said Turcott, prior to the commission of said crime, was a peaceable, industrious,
and well disposed man; and, whereas, an examination of the transcript of the evidence taken
at the trial shows that, considering the great provocation offered Turcott, his naturally easily
excitable condition of mind and other circumstances, the death penalty is punishment too severe
for his crime ; and, whereas, the Judge who sentenced him, nine of the jurors who found him
guilty, and a large number of reputable and worthy citizens of San Joaquin County, petition
that his sentence be commuted to that of imprisonment for life. Let his sentence be commuted
to imprisonment for life. June 5, 1884.



62



Name of Prisoner.


Countj'.


Crime.


Sentenced.


Term.


John Cooney


Santa Clara


Robbery


November, 1880-


Five years.



Dkcision. — Whereas, the Board of State Prison Directors, at a regular meeting held March
15, 1884, unanimously recommended that the term of said Cooney be commuted so as to expire
in June, 1884, on the ground of meritorious conduct and the setting of an industrious example
very beneficial to the discipline of the prison. Let his sentence be commuted to expire June 29,
'l884. June 28, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


H. T. Summers


Colusa


Forgery


January, 1880-













Dkcision. — Whereas, the Board of State Prison Directors, at a regular meeting held May 15,
1884, unanimously recommended that the sentence of H. T. Summers be diminished by execu-
tive clemency so as to expire June 29, 1884; whereas, the diminution is in effect merely a res-
toration of the forfeited credits to which the said Summers, by good conduct, has become
entitled. Let his sentence be commuted to expire June 30, 1884. June 30, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Charles Brookbank __


Sacramento


Assault with a
deadly weapon.


February, 1884.


..Six months in
county jail.



Decisiok. — Whereas, the committing Judge, the District Attorney, six of the jury, and a
large number of citizens, represent by petition that the term is excessive; whereas, the Judge
states that, had he been placed in possession of facts which he has learned since the sentence,
he would have pronounced a judgment much less severe. Let his sentence be commuted to
five months. July 12, 1884.



Name of Prisoner.


County.


Crime.


Sentenced.


Term.


Samuel Cook. _.


Plumas


Murder __.._.


September, 1878.


*Life.



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 7 of 83)