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1893; county, Steuben; crime, burglary, second degree; maximum term, ten years; prison, State Reformatory.
In September, 1893, Wilson, who was then sixteen years old, was convicted with one of two other boys of entering a building and stealing a small sum of money, and was sentenced to the Reformatory, from which institution he was recently released on parole. The parole does not permit him to leave this State, and the pardon is granted on the petition of his father, a resident of Pennsylvania, who desires to take him West and give him a new start in life.
October 9, 1899. Edward L. Fendler. Sentenced May 5, 1899; county, New York; crime, grand larceny, second degree; term, two years and six months; prison, Sing Sing.
Fendler's guilt is so exceedingly doubtful that his pardon is demanded as an act of justice. If the facts now clearly proved had been shown on the trial, he could not have been convicted. The district attorney and eleven of the jury ask for his release.
December 11, 1899. William B. Turnbull. Sentenced August 3, 1899; county, New York; crime, fraudulently obtaining employment; term, nine months; prison, New York Penitentiary.
Granted on the ground that the sentence was too severe. The prisoner applied for and obtained employment for several months under an assumed name in violation of section 570 of the Penal Code. No loss or injury accrued to any person and there were no circumstances calling for severe punishment.
December 18, 1899. Daniel Noonan. Sentenced October 12, 1899; county, Chenango; crime, assault, third degree; term, four months; prison, Albany County Penitentiary.
Granted on the application of the county judge, the com
mitting magistrate and the complainant on the ground that, considering the prisoner's youth and previous good character, he has been sufficiently punished.
December 29, 1899. John J. Hannigan. Sentenced January 21, 1898; county, New York; crime, assault, second degree; term, two years; prison, Sing Sing.
Hannigan, a police officer, was convicted of shooting a boy whom he was pursuing and endeavoring to arrest. Although there was evidence sufficient to sustain the conviction, there was considerable doubt as to some of the most material and important facts. There was certainly no intention on the part of the prisoner to commit a crime, the utmost that can be urged against him being an excess of zeal. He appears to be a man of excellent character; he has, by reason of his conviction, lost his position on the police force; and he suffered several months' imprisonment before going to Sing Sing. The Supreme Court, in affirming his conviction, say: “ The sentence, in view of the facts and the jury's recominendation to mercy, was severe, and if we had jurisdiction it would justify a modification of the judgment; but it was within the power of the trial judge to impose it and is not a subject for our interference. The appeal in that regard must be addressed to the Executive.”
January 5, 1899. Patrick Sullivan. Sentenced December 14, 1894; county, Onondaga; crime, burglary, third degree, and assault, first degree, after petit larceny; term, fifteen years; prison, Auburn.
Commuted to ten years, subject to legal deduction for good conduct.
Sullivan was convicted in Onondaga county in December, 1894, of burglary in the third degree and assault in the first degree, both crimes being charged as second offenses, he having been previously convicted of petit larceny. He committed the burglary in the daytime, while the occupants of the house were absent, and stole property worth about $20. Being pursued by an officer, he pointed a revolver at him, but made no attempt to shoot. For the burglary, he was sentenced to imprisonment for ten years, and for the assault upon the officer to imprisonment for a further term of five years. He was nineteen years old when convicted. The judge who presided at the trial writes that he regarded the assault as a small matter, but felt bound to impose sentence on conviction. He could not, under the statute, impose less than five years. He and the district attorney regard the case as a proper one for clemency. Arrangements have been made to take Sullivan, when released, to the residence of a relative, where he will be properly provided for, and be subject to such influences as will tend to keep him from criminal practices.
January 25, 1899. Martin Hess. Sentenced February 26, 1883; county, New York; crime, murder, second degree; term, life; prison, Sing Sing.
Commuted to fifteen years and eleven months, actual time.
The evidence on the trial was no doubt legally sufficient to support the conviction of murder in the second degree, although there seems to have been but little from which to infer an actual intent to kill. A verdict of manslaughter would have been fully warranted by all the circumstances, and would have been a more satisfactory result. The homicide was the sudden outcome of a barroom quarrel, in which the deceased appears to have been as much to blame as the prisoner. Hess was an industrious man of good character, and was at considerable disadvantage on his trial by reason of his ignorance of the language. With the commutation for good behavior, he has now served a considerably longer term than the maximum penalty for manslaughter in the first degree, and in view of all the facts, has sufficiently atoned for his offense.
February 21, 1899. Frank E. Chase. Sentenced November 22, 1895; county, Ontario; crime, arson, third degree; term, five years; prison, Auburn.
Commuted to three years, two months and twenty-eight days, actual time.
With the usual allowance for good behavior, Chase's sentence would expire in June. It is represented by the guardian of his infant children that it is very important for the protection of their interests in certain actions now pending that he should be released before that time. This is confirmed by the judge who imposed the sentence and by the district attorney who procured the conviction, and they recommend that the application for clemency be granted.
February 21, 1899. Henry L. Montague. Sentenced January 20, 1893; county, Jefferson; crime, forgery, second degree; term, twelve years; prison, Auburn. .
Commuted to six years and one month, actual time. Montague was convicted of forging his employer's name to a note for $50. This having been his second offense, the severe sentence of imprisonment for twelve years was imposed. Justice does not seem to require that he should serve the full term. The amount of the note was not large and most of the money obtained upon it was returned. The judge who sentenced him writes that if Montague would let drink alone he would have no trouble. The commutation is granted on condition that hereafter he abstain from the use of intoxicating liquor.
February 23, 1899. John Bowes. Sentenced March 29, 1894; county, Ulster; crime, burglary, second degree; term, seven years and seven months; prison, Clinton.
Commuted to four years and eleven months, actual time.
It was claimed on the trial that Bowes was insane, but that defense did not prevail. He was, however, very soon after his conviction transferred as insane from the prison to the Matteawan Asylum, and has been kept there ever since. His friends, who have caused suitable provision to be made for his future care and custody, ask very earnestly for his release, and as there seems to be some doubt as to his responsibility for his conduct when he committed the act charged against him, it has been deemed just to grant their petition.
March 1, 1899. Antonio Minisci. Sentenced January 29, 1887; county, Monroe; crime, murder, second degree; term, life; prison, Auburn.
Commuted to twenty years, subject to legal deduction for good conduct.