Commuted to seven years and fifteen days, actual time. The punishment has far exceeded the demands of justice. The prisoner is released on the recommendation of the judge who sentenced him.

November 16, 1900. John Moran. Sentenced June 7, 1897; county, New York; crime, grand larceny, first degree; term, four years and six months; prison, Sing Sing.

Commuted to one year and twenty-four days, actual time. Considering the prisoner's previous good character and his very feeble state of health the term he has now served is deemed sufficient. The complainants, nine of the jurors (all who can be found) and other citizens ask that his sentence be commuted.

November 23, 1900. Vincent Cody.

Sentenced October

18, 1867; county, New York; crime, murder, second degree; term, life; prison, Sing Sing.

Commuted to thirty-three years and one month, actual

time.

The homicide was the result of a sudden affray in a bar room for which all the persons engaged, including the deceased, were equally responsible. Cody has always maintained his innocence of the crime of murder, insisting that the killing was accidental, having been caused by the accidental discharge of a pistol in the hands of the deceased which Cody was endeavoring to take away from him. Although a claim of innocence without satisfactory proof to support it is generally of but little account on an application for clemency, it is to be considered in this case that at the time of the trial defendants were not permitted to testify as witnesses in their own behalf, and consequently that Cody's side of the story was not given to the jury. But disregard

ing altogether his account of the affair, the crime, committed as it was, not with cool deliberation, but under circumstances of great and sudden excitement and confusion, was not of such atrocity as to demand rigorous enforcement of the severe penalty of life imprisonment. Cody has now served an unusually long term, during the whole of which his conduct has been most exemplary, and justice does not require more.

December 4, 1900. Timothy Donovan. Sentenced December 21, 1888; county, Erie; crime, murder, second degree; term, life; prison, Auburn.

Commuted to eleven years, eleven months and thirteen days, actual time.

Very strongly recommended by Judge Kenefick of the Supreme Court, who was district attorney at the time of the trial, and who says that in his opinion a conviction of manslaughter in the first degree would have been a juster disposition of the case, and that in that view of it Donovan's punishment has been sufficient, being about four months short of the maximum term with the usual deduction for good behavior.

December 26, 1900. Guy Roche. Sentenced June 25, 1897; county, New York; crime, assault, first degree; term, nine years; prison, Sing Sing.

Commuted to three years, six months and three days, actual

time.

The prisoner has suffered all the punishment that justice requires and if released now can secure permanent employment.

December 31, 1900. Annie Walden. Sentenced April 28, 1892; county, New York; crime, murder, second degree; term,

life; prison, New York Penitentiary and State Prison for Women.

Commuted to eight years, eight months and five days, actual

time.

The prisoner, driven to desperation by the brutal treatment of her husband, shot him. She was then twenty years old. She has now been imprisoned for a term which is the legal equivalent of nearly fourteen years. During the whole of it she has suffered greatly from a most painful illness from which she will probably never recover. Her conduct has been excellent. Something over a year ago a very earnest appeal was. made by the officers of the penitentiary for clemency in her behalf as a reward for her having at the risk of her own life saved that of a child at a fire in one of the penitentiary buildings. A number of people of the highest character have taken a deep interest in the case, and have very strongly urged that she be released.

December 31, 1900. Pasquale Leonardi. Sentenced February 2, 1895; county, Montgomery; crime, murder, second degree; term, life; prison, Clinton.

Commuted to five years, ten months and twenty-four days, actual time.

This commutation is strongly recommended by Judge Stover, before whom the prisoner was tried, by Attorney-General Davies, who is familiar with all the facts, by the county judge, and by many other leading citizens of Montgomery county. In fact the sentiment there in favor of the commutation seems unanimous. It is clearly shown that Leonardi was. a man of good character, and that at the time of the homicide. he was practically insane, the result of the rough and outrageous treatment to which he had been subjected, so that really he was. not responsible for his act.

RESPITES

January 11, 1900. Squire Tankard. Convicted of murder, first degree, in the county of Chautauqua, and sentenced, November 27, 1899, to be executed.

Respite granted until July 16, 1900.

Insanity was interposed as a defense on the trial but does not seem to have been well established. There can be no doubt, however, that Tankard is now insane, although perhaps not permanently so, and the respite is granted to afford opportunity for his recovery.

June 27, 1900. Squire Tankard.

Further respited until February 1, 1901, on same grounds as for respite of January 11, 1900.

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