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Commuted to three years, subject to legal deduction for good conduct.

The judge who presided at the trial writes that, had he known what was subsequently disclosed on the trial of Peckens' codefendant, that the latter was the principal and directing mind in the transaction upon which the indictment was founded, he would not have sentenced Peckens for a longer term than three years.

March 21, 1899. William Bergen. Sentenced February 6, 1894; county, Monroe; crime, burglary, third degree; term, ten years; prison, Auburn.

Commuted to five years, one month and fifteen days, actual

time.

Bergen's associate received a sentence of only two years; but ten years was the lowest that could be imposed on Bergen, the indictment against him being for a second offense. He has now served, with the usual deduction for good conduct, a little less than eight years, and the judge, the district attorney, seven of the jurors, the complainant and other citizens ask for his release on the ground that his punishment has been sufficient.

March 23, 1899. Henry Pierce. Sentenced December 4, 1896; county, Monroe; crime, forgery, second degree; term, five years; prison, Auburn.

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

The prisoner was a man of good character, except that he was addicted to the excessive use of intoxicating liquor, and it was to this failing that the crime of which he was convicted was directly and wholly attributable. From the report received from the prison, it would appear that a thorough reformation in this respect has been accomplished, and that if released he will not be likely to return to his former habit.

His crime was not one demanding severe punishment, the term he has now served being fully sufficient for the purposes of justice.

March 29, 1899. Charles M. Felton. Sentenced April 16, 1898; county, Oneida; crime, grand larceny, second degree; term, four years; prison, Auburn.

Commuted to one year, actual time.

Felton converted to his own use certain moneys belonging to the town of which he was supervisor. Before this act his character was without reproach; he was a useful and respected citizen and had the esteem and good-will of all who knew him. The town whose moneys he misappropriated lost nothing, being promptly and fully reimbursed by his bondsmen. A very earnest appeal is made by the board of supervisors for his pardon or a reduction of his sentence, which is cordially supported by all the county officers and many other citizens, including the bondsmen who alone sustained. loss on account of his defalcation, and is strongly urged by the judge and the district attorney; also by the twelve jurymen by whom Felton was convicted. Under all the circumstances, imprisonment for one year will be ample.

May 16, 1899. Joseph Jourdan. Sentenced April 1, 1875; county, New York; crime, murder, second degree; term, life; prison, Sing Sing.

Commuted to twenty-four years, one month and twelve days, actual time.

The commutation is granted on the recommendation of Judge Barrett who imposed the sentence and who writes that in his opinion Jourdan has been sufficiently punished and may properly be released, provided his conduct during imprisonment has been good. The warden's report shows his conduct to have been good throughout. The term he has now served is the legal equivalent of forty years.

June 8, 1899. George Bowers. Sentenced July 17, 1896; county, Kings; crime, burglary, second degree; term, nineteen years; prison, Sing Sing; transferred to Clinton.

Commuted to seventeen years, subject to legal deduction for good conduct.

June 8, 1899. James Loftus. Sentenced January 28, 1899; county, Saratoga; crime, burglary, third degree; term, five years; prison, Clinton.

Commuted to four years and six months, subject to legal deduction for good conduct.

June 8, 1899. James Carr.

Sentenced May 19, 1898; county, Queens; crime, grand larceny, second degree; term, four years; prison, Sing Sing; transferred to Clinton.

Commuted to three years and six months, subject to legal deduction for good conduct.

June 8, 1899. Joseph Henry. Sentenced February 26, 1897; county, New York; crime, burglary, third degree; term, three years; prison, Sing Sing; transferred to Clinton. Commuted to two years, three months and fifteen days, actual time.

The above commutations are granted on the personal application of the Superintendent of State Prisons as a reward to the prisoners for having rescued one of the officers from an assault made upon him by a fellow prisoner.

June 8, 1899. Angelo Sartori. Sentenced April 25, 1893; county, Kings; crime, murder, second degree; term, life; commuted to fifteen years; prison, Sing Sing.

Commuted to ten years, subject to legal deduction for good conduct.

June 8, 1899. Michael Casello. Sentenced April 25, 1893;

county, Kings; crime, murder, second degree; term, life; commuted to fifteen years; prison, Sing Sing.

Commuted to ten years, subject to legal deduction for good conduct.

The sentences in these cases were commuted in August, 1893, to fifteen years on the application of Judge Cullen, before whom the prisoners were tried, and on his recommendation they are now further reduced to ten years.

June 8, 1899. Joseph Schneider. Sentenced January 26, 1894; county, New York; crime, burglary, first degree; term, ten years; prison, Sing Sing.

Commuted to five years, four months and fifteen days, actual time.

June 8, 1899. Joseph Pfeiffer. Sentenced January 26, 1894; county, New York; crime, burglary, first degree; term, ten years; prison, Sing Sing.

Commuted to five years, four months and fifteen days, actual time.

Released on the recommendation of Judge Frederick Smyth, who sentenced the prisoners, and of the district attorney, who procured their conviction. Ten years was too severe for the crime, but, being the shortest term allowed by law, no less could be imposed.

June 8, 1899. Bruce Porter. Sentenced October 22, 1895; county, Niagara; crime, attempting to commit rape; term, ten years; prison, Auburn.

Commuted to three years, seven months and sixteen days, actual time.

A careful investigation of this case leads to the conclusion that the conviction was wrong. The prisoner probably committed an assault, but there was no intent to commit rape. The judge and the district attorney are in favor of his release.

June 8, 1899. Frank Marceau. Sentenced November 23, 1896; county, St. Lawrence; crime, burglary, third degree; term, five years; prison, Clinton.

Commuted to two years, six months and fifteen days, actual time, on condition that forever hereafter he abstain from the use of intoxicating liquor.

Marceau and two companions stole a keg of beer from a freight car. The sentence seems much too severe for the offense. The district attorney recommends a commutation on the above condition.

June 8, 1899. Mahlon Golden. Sentenced July 9, 1897; county, Chemung; crime, grand larceny, second degree; term, five years and six months; prison, Auburn.

Commuted to one year, ten months and twenty-nine days, actual time.

The prisoner sold a horse and buggy which he had hired from the keeper of a livery stable. He is weak mentally, and although not insane, is practically so when intoxicated; and it was while in that condition that he committed the crime. But for this failing, he is a man of good character, and the judge and the district attorney favor a commutation. on condition that he abstain from the use of intoxicating liquors. The commutation is granted on that condition.

June 8, 1899. Richard H. Thomas. Sentenced October 12, 1897; county, Erie; crime, grand larceny, second degree; term, five years; prison, Auburn.

Commuted to one year, seven months and twenty-three days, actual time.

Thomas was convicted of stealing a bicycle, and was given the full penalty of imprisonment for five years, the judge having been informed that he had committed a number of similar crimes. This information appears to have been in

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