years of actual time, I was convinced that the ends of justice would not suffer by the commutation of his sentence to sixteen years, with the usual allowance for good behavior, which, if his conduct continue good, will entitle him to his discharge on the 8th day of June, 1884. November 5, 1883. George Woodruff. Sentenced January 19, 1876; county, Oneida; crime, arson first degree; term, life; prison, Auburn. Sentence commuted to thirteen years from January 20, 1876. This convict, with one Pierce, was sentenced on the 19th day of January, 1876, to be imprisoned in Auburn Prison during life, for the crime of arson in the first degree. The building contained a stock of goods, and the object of the parties was to obtain an excessive insurance which Pierce had obtained thereon. Both of the accused confessed the crime, and pleaded guilty to the indictment found against them therefor. Pierce was released in January, 1879, his sentence having been commuted to imprisonment for the term of four years. The application for the pardon of Woodruff was supported by a numerously signed petition and a large number of letters from good citizens, showing that the convict, prior to his arrest for this offense, sustained a good character, that he was sincerely penitent and that his wife and two children sadly needed his support. The Judge who sentenced him for life represented that he only did so because the law, in force at that time, left him no discretion, and the District Attorney who prosecuted the indictment recommended his pardon. I was entirely satisfied, from an examination of the case, that this convict was not the originator of the crime, but became the guilty tool of. his companion, who had now been at large nearly five years; and I believed, if liberated, he would justify, by an upright life, the clemency exercised in his behalf. I determined to commute the sentence of this convict to imprisonment for the term of thirteen years. If his conduct in prison continue as good as heretofore, he will be entitled to his discharge on the 19th day of April, 1884. November 10, 1883. James Goggins. Sentenced June 19, 1874; county, New York; crime, robbery, first degree; term, twenty years; prison, Sing Sing, transferred to Clinton. Sentence commuted to fifteen years in State Prison from June 22, 1874. It appeared that this convict and another were jointly indicted and convicted for the crime of robbery in the first degree. From an examination of the evidence it was not entirely satisfactory, as establishing the commission of the crime charged; and it failed to show any difference in the degree of guilt of the two convicts. No evidence was given tending to show the previous good character of this convict, while some was favor of his companion, in this regard. produced in valid Yet, from a careful examination of the facts and circumstances of the offense charged, I failed to discover any reason for making the term of this prisoner five years longer than that of his companion, and, therefore, determined that justice would be promoted by making the sentence of each equal. His conduct in prison was good, while his mind reported as somewhat impaired. was November 12, 1883. Louis Strauss. Sentenced October 18, 1883; county, New York; crime, assault, third degree; term, sixty days; prison, New York Penitentiary. Sentence commuted to thirty days imprisonment in New York County Penitentiary from October 22, 1883. This commutation was granted upon the recommendation of the Judge who sentenced the prisoner, who stated that facts had come to his knowledge since that time which satisfied him that the sentence was too severe. November 16, 1883. John Shine. Sentenced December 27, 1880; county, Niagara; crime, robbery, first degree; term, ten years; prison, Auburn. Sentenced commuted to five years from December 28, 1880, in Auburn State Prison. This case was presented to me orally by the District Attorney, by counsel for the convict, and the evidence taken upon the trial was read to me by them. I had also before me petitions for the pardon of the convict, numerously signed, and letters from the prosecuting attorney and the Judge who pronounced the sentence. The latter did not recommend a pardon, but the District Attorney emphatically declared that, in his opinion, the crime proved was at most only an assault with intent to rob. This, with a presentation of the evidence, satisfied me that the District Attorney, at a rather late day, had then a correct conception of the real offense of which the convict was guilty. The extreme penalty for the crime of assault with intent to commit robbery, is imprisonment in a State Prison for five years. The sentence of this convict was commuted to that time, which, if his conduct continue good in prison, will entitle him to his discharge on the 27th day of July, 1884. RESPITE. July 25, 1883. Edward Hovey. Convicted of murder in the first degree, in the county of New York, and sentenced by the Court of General Sessions, September 29, 1882, to be executed November 17, 1882. From this judgment an appeal was taken to the General Term of the Supreme Court, September 30, 1882, and a stay of proceedings granted. March 22, 1883, the judgment of the trial court was affirmed; an appeal was thereupon taken to the Court of Appeals, and a further stay of proceedings granted. On June 8, 1883, the prisoner was re-sentenced by the General Term to be executed July 27, 1883, and on July 5 the Court of Appeals affirmed the judgment of the lower courts. July 25, 1883. Respite granted until Friday, October 19, 1883. This respite was granted to allow the Court of Appeals to pass upon an appeal which was taken from an order of the General Term of the Supreme Court, affirming an order denying a motion for a new trial, and to determine the question whether an appeal would lie to the Court of Appeals, in such a case. In addition to this consideration, the spiritual adviser of Hovey assured me that more time was necessary to prepare the convict for his fate, and I deemed it quite proper to respite him for a time, long enough to accomplish both results. INDEX. MISCELLANEOUS. PAGE. Appendix showing pardons, commutations of sentence and reprieves, 153 notice of charges preferred order appointing a commissioner to take testimony.. Letter to Hon. I. V. Baker, Jr., Superintendent of State Prisons.. of the Supreme Court (S. B. 234)....... 129 131 140 30 80 Memorandum filed with approved bill providing for new water-works ΙΟΙ Message, Annual........... 3 Message, special, relating to the office of Commissioner of Immi- 88 Order appointing a commission to examine William H. Ostrander.... 133 134 |