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the county. Had the other officials concerned, assumed or preserved a similar attitude, the very gravest consequences might have ensued, and the district attorney cannot be allowed to profit by the fact that the action of others prevented the evil consequences of his own acts.

As to the charges that the district attorney failed in his duty in assisting the officials of the Attorney General's office who were concerned in preventing violations of the election laws, it appears that there was such failure in at any rate certain cases prior to the election. This does not appear to have been the case after the election.

It is impossible again to accept the plea that acts like. these are to be excused on the ground that they spring from folly, rather than from intent to do wrong.

Under these circumstances the district attorney of the county of New York is removed from office.

THEODORE ROOSEVELT

STATEMENT OF PARDONS

COMMUTATIONS AND RESPITES

GRANTED BY

THEODORE ROOSEVELT GOVERNOR

DURING THE YEAR

PARDONS

January 9, 1900.

Carey Bates.

Sentenced January 31,

1899; county, New York; crime, assault, second degree; term, five years; prison, Sing Sing.

The jury accompanied their verdict with a strong recommendation of mercy. From a careful examination of the evidence it would seem that they ought rather to have acquitted the prisoner, it being practically undisputed that he acted in defense of himself and his wife against a most brutal and inexcusable assault by a mob organized for the purpose of driving him and other negroes out of the neighborhood. All of the jurors join in the petition for his pardon and the district attorney recommends it.

January 17, 1900. John Sullivan. Sentenced June 29, 1897; county, New York; crime, burglary, third degree; term, four years and six months; prison, Sing Sing.'

January 17, 1900. Max Hutsedt. Sentenced June 29, 1897; county, New York; burglary, third degree; term, four years six months; prison, Sing Sing.

The evidence against these prisoners was barely sufficient to render their conviction legal. The pardons are granted on account of the doubt as to their guilt.

February 13, 1900. Saul Jacobs. Sentenced February 9, 1898; county, New York; crime, grand larceny, first degree; term, eight years; prison, Sing Sing.

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