stolen by him was not large, and a considerable portion of it was voluntarily returned to the owner within a few hours. It was Baker's first criminal act, and, after considering all the circumstances, I have reached the conclusion that he has suffered for it all the punishment that justice requires.

The complainant has given very cordial support to the application for clemency.

June 25. John W. Wooten. Sentenced July 10, 1905; county, New York; crime, grand larceny, first degree; minimum term, three years; maximum term, six years and ten months; Sing Sing Prison.

Commuted to two years, six months and twenty-six days, actual time.

Very earnestly recommended by the Superintendent of State Prisons and granted in consideration of important services rendered by the prisoner in bringing to light the habitual gross malfeasance of a prominent prison official.

July 6. Joseph Monohan. Sentenced June 13, 1905; county, Cattaraugus; crime, perjury; term, five years and eight months; Auburn Prison.

Commuted to an indeterminate sentence of three years and twenty-three days minimum, and three years, eleven months and twenty days maximum.

This was Monohan's first offense and there is abundant reason to believe that it was not a purely voluntary act on his part, but that he was prevailed upon to commit it by persons who exercised a strong influence over him. Judge Thrasher who presided at the trial, and District Attorney Cole who conducted the prosecution, are of the opinion that he has been sufficiently punished, and on that ground recommend that his application be granted.

I have also received a report from the Parole Board favoring clemency, and after carefully considering the matter I have concluded to change the sentence from a definite to an indeterminate one, having for its minimum the time already served and for its maximum the sentence imposed by the court, less what could be earned by good conduct. This will

enable Monohan to bring the case before the Board on an application for a parole.

July 6. Domenico Massinino. Sentenced April 12, 1904; county, New York; crime, rape, second degree; term, seven years; Sing Sing Prison.

Commuted to four years, two months and twenty days, actual time.

The Parole Board after carefully investigating the case recommends it as a proper one for clemency. Except for this offense the prisoner has always borne a good character, and while technically, under the statute, the crime was committed, the circumstances of the common-law offense were not present and the sentence was very severe. He has now served a term of six years, allowing deduction for good conduct, and I think has fully expiated his offense.

July 6. Alexander Stewart. Sentenced December 14, 1900; county, New York; crime, manslaughter, first degree; term, twenty years; Sing Sing Prison.

Commuted to seven years, six months and twenty-three days, actual time, on condition that he proceed forthwith to Freeville, N. Y., and there become and remain a member of the George Junior Republic, subject to all the rules and regulations, and to the jurisdiction and control of those having management thereof, until duly discharged according to said rules. And if he fail so to do, or if he so conduct himself as in the opinion of the trustees or a majority of them to render himself an undesirable member of said Republic, and his membership or continued presence detrimental to the interests thereof, this commutation shall thereupon become void and the said Stewart shall be returned to Auburn Prison and be required to serve out the portion of his sentence now remaining unserved.

The Parole Board in reporting upon this case states the facts to be that Stewart was convicted of manslaughter, first degree, in December, 1900, and was sentenced to twenty years' imprisonment in Sing Sing. When received at the prison he was but fourteen years of age. In February, 1905, Governor

Higgins pardoned him upon condition "that he be placed in care of the George Junior Republic Association subject to return to the prison if his conduct was not satisfactory to them. After having been in the Republic about one year he was permitted to go to New York city for the purpose of visiting his sister, and refused to return, whereupon he was taken back. This and other similar reasons prompted the Republic officials to return him to prison, and he was received again in Sing Sing, March 6, 1906.”

The president of the George Junior Republic Association has taken a deep interest in the case and desires very much to have Stewart recommitted to that institution, being confident that he will give no further trouble and that the influences there will be of great benefit to him, and after fully considering the matter I have reached the conclusion that the application ought to be granted. Stewart's youth at the time of the crime, his good record in prison, the fact that he has suffered a severe punishment, and the advantages likely to be gained by him if released now upon the conditions above stated, fully warrant the commutation.

July 6. William H. Parker. Sentenced May 20, 1892, to be executed; county, Niagara; crime, murder, first degree; commuted March 2, 1893, to imprisonment for life; Auburn Prison.

Commuted to an indeterminate sentence, minimum fifteen years and four months, maximum life.

This prisoner's sentence was commuted to imprisonment for life on account of the serious doubt which existed as to his guilt., (See Governor Flower's Public Papers for 1893, F. 468.) Since then, by additional proof, this doubt, to say the least, is much strengthened. The prisoner is a negro. Before his conviction he appears to have been an industrious and peaceable man and had never been accused of crime of any kind. He has now been in prison for over fifteen years, equivalent with commutation under the statute to a term of twenty-five years, during all of which his conduct has been perfect. When received at the prison he could neither read nor write; he can now do both well, and he has shown remarkable proficiency in acquiring knowledge.

The Parole Board has recommended clemency for him, and in view of all the circumstances I have deemed it just to modify the sentence so that a parole may be granted if the Board think proper.

July 7. Isaac White. Sentenced January 16, 1895, to be executed; county, Franklin; crime, murder, first degree; commuted February 25, 1895, to imprisonment for life; Clinton Prison.

Commuted to an indeterminate sentence, minimum thirteen years, four months and thirteen days, maximum life.

Commutation from the death penalty to imprisonment for life was recommended by Judge Kellogg who sentenced the prisoner, and by District Attorney Paddock who prosecuted him, and was granted on account of the unsatisfactory character of the evidence to show the deliberation and premeditation necessary to constitute murder in the first degree. Further clemency is now asked in consideration of White's exemplary conduct and of the great value of the services rendered by him to the authorities during his imprisonment. It also appears that on several occasions he has risked his life in rescuing prison officers from assaults by convicts, and it is strongly urged by the Superintendent of State Prisons that White is justly entitled to a substantial reward therefor.

After carefully considering all the facts I have concluded to commute the sentence so as to bring the case within the jurisdiction of the Parole Board.

August 17. Joseph P. Sharpe. Sentenced March 1, 1902; county, Monroe; crime, robbery; term, thirteen years; Auburn Prison.

Commuted to six years, five months and thirteen days, actual time.

Sharpe's two associates, who appear to have been equally guilty with him, received each a sentence to imprisonment for nine years, and both are now at liberty, a special commutation having been granted to one of them about a year ago, and the other having served out his sentence. Sharpe has now been imprisoned for a term equivalent, with the usual

allowance for good behavior, to a term of about ten years, and clemency is recommended by Judge Sutherland who sentenced the three defendants, by District Attorney Warren who prosecuted them, and by nine of the trial jury — the others being dead or removed on the ground that Sharpe has been sufficiently punished.

November 18. Cyrus B. Wagar. Sentenced May 13, 1904; county, Monroe; crime, abortion; minimum term, two years; maximum term, four years; Auburn Prison.

Commuted to six months and twenty-eight days from April 22, 1908.

An appeal was taken in this case to the Court of Appeals. In affirming the judgment the court said:

"While the evidence adduced on the trial to establish the guilt of the defendant is far from satisfactory, we cannot declare as a matter of law that it was insufficient to warrant the submission of the case to the jury. Under the limited power of review vested in us by the Constitution we must, therefore, affirm the judgment."

I am advised that on account of the unsatisfactoriness of the evidence, it is the opinion of the judges of the Court of Appeals that the case is a proper one for the exercise of executive clemency. My examination of the record leads me to the same conclusion. I, therefore, commute the sentence to the actual time served.

November 19. Bernard J. King.

Sentenced June 22, 1905; county, New York; crime, forgery; term, six years; Sing Sing Prison.

Commuted to three years, four months and twenty-eight days, actual time.

With deduction for good conduct the prisoner's term would expire on the twenty-second day of August next, so that he has now served all but nine months of his sentence, which seems to have been quite a severe one. The forgery was of a check for a small amount, and it is not unlikely that a lighter sentence might have been imposed had he pleaded guilty when arraigned, as he intended to do, but was dis