Page images
PDF
EPUB

come from his release, and that he could live at longest but a few weeks. Inasmuch as he had served nearly his whole term, allowing commutation for good conduct, I felt that the ends of justice would not suffer by his release.

February 14, 1883. James Johnson. Sentenced October 20, 1870; county, New York; crime, robbery first degree; term, fifteen years; prison, Sing Sing.

This convict was pardoned upon the grounds:

That but for his so-called escape his good conduct would have entitled him to a discharge March 20, 1880.

His escape consisted in his merely taking advantage of the liberty very improperly accorded him by the prison. authorities, and was not attended with any breaking of prison, force, violence or fraud.

He was absent from the prison after such escape and before recapture, one year, four months and twenty-two days. If that be added to the term as shortened by deduction for good behavior, such period would have expired August

[blocks in formation]

He therefore suffered nearly one year and six months for the escape.

His conduct, except the escape, had been uniformly good. He was a man of intelligence, and it was believed would make a good citizen.

Many citizens and the prison authorities urged his release, and employment was assured for him at once.

February 22, 1883. John G. Healy, alias Joseph Harris. Sentenced June 22, 1882; county, Onondaga; crime, grand larceny; term, five years; prison, Auburn.

This pardon was granted upon the grounds that it was

recommended by the District Attorney and the Judge before whom the convict was tried. It also clearly appeared that he was not guilty of the crime of larceny, and with proper attention on the part of those who undertook to defend him, and were paid for so doing, he would not have been convicted.

It appearing that the primary and leading cause of this young man's trouble was the intemperate use of intoxicating liquors, this pardon was granted only upon condition that the said John G. Healy, alias Joseph Harris, should totally abstain from the use of intoxicating liquor during the remainder of the time for which, but for this pardon, he would have been liable to imprisonment; and in the event of his not complying at all times with this condition, this pardon should cease and become inoperative, and he should be arrested and imprisoned according to this sentence.

March 7, 1883. Mary Haney. Sentenced December 15, 1877; county, Wyoming; crime, arson, first degree; term, life; prison, Erie County Penitentiary.

This pardon was granted upon the grounds:

That the offense alleged to have committed, was not arson but an attempt to commit that crime, and clearly not arson in the first degree.

The preponderance of evidence given upon the trial showed that the fire was set after daylight, and the District Attorney offered to accept a plea of arson in the second degree, which was refused by the counsel for the defendant on the ground that she must be convicted or acquitted of the offense charged.

The pardon was strongly recommended by the officers who presided at the trial.

The convict was an old woman about seventy years of age, who had been constantly ill, requiring continuous care and attention since her incarceration.

The time she had already served, allowing the usual deduction for her good conduct, fully satisfied the demands of justice for the crime of arson in the second degree.

A lady who took a deep personal interest in this convict, agreed to immediately on her release, suitably provide and care for her during the remainder of her life.

March 15, 1883. Park Wheeler. Sentenced December 15, 1877; county, Onondaga; crime, forgery first degree; term, fifteen years; prison, Auburn.

This pardon was granted upon the ground that it was recommended by Judge Riegel, who presided at the trial, Harrison H. Hoyt, who conducted the prosecution on behalf of the people, and by a large number of influential citizens of Syracuse. I was satisfied from all the circumstances of the case that the imprisonment already suffered answered the ends of justice, and that the welfare of the public would not suffer by the prisoner's release, while it may be the means of restoring him to usefulness in the community. The condition of the prisoner's aged father and mother and his own as well, has been considered in this exercise of Executive clemency.

It appearing that the long continued and inordinate use of intoxicating liquors by this unfortunate man was one of the primary and leading causes of his downfall from a plane of the highest respectability, this pardon was therefore granted only upon the condition that the said Park Wheeler should totally abstain from the use of intoxicating liquors for the period of five years from the date hereof.

April 6, 1883. William Van Wart. Sentenced June 6, 1877; county, New York; crime, petit larceny from the person; term, five years; prison, Sing Sing, transferred to State Reformatory. This pardon was granted upon the grounds:

This young man was sentenced when but twenty years of age to the Sing Sing State Prison, from which he was soon thereafter drafted by the managers of the State Reformatory under the statute providing for the removal of certain of the most youthful and promising convicts in State prisons for the purpose of a reformatory education.

At the time of his reception into the Reformatory the walls were unfinished, and in the course of a few months he escaped. After an absence of nearly two years and six months he voluntarily returned and delivered himself to the authorities, being persuaded of the justice of his sentence, and willing to receive the punishment decreed by the State for the offense he committed.

By this escape he was precluded under the statute from earning any commutation, though his conduct had at all times been most exemplary during his incarceration.

His progress in the reformatory had been such as to meet the warmest approval of the Superintendent, and to cause the latter to recommend him as worthy of Executive clemency.

The District Attorney of his county, as well as many other prominent and respectable people, also recommended his release.

Inasmuch as the time he had actually been incarcerated nearly equaled the term for which he was sentenced, less his legal deduction for good conduct, such deduction was restored to him in the full confidence by the Executive that he will be encouraged to lead a life of future welldoing.

April 23, 1883. George Lawrence, alias Charles McGuire. Sentenced July 3, 1882; county, Kings; crime, burglary; term, two years and six months; prison, Kings County Penitentiary.

This pardon was granted upon the grounds:

That it appeared to my satisfaction from the certificate of the penitentiary physician that the prisoner was incurably ill with consumption, and that he had but a few days to live.

That it was the prisoner's first offense; that he had served a considerable portion of his sentence, and that his conduct in prison had been good.

His pardon was recommended by the Judge who presided at his trial, upon the ground of his incurable illness.

May 12, 1883. Harris Scull. Sentenced May 4, 1883; county, New York; crime, burglary third degree; term, one year; prison, New York Penitentiary.

This pardon was granted upon the grounds:

That it satisfactorily appeared that the prisoner had previous to his arrest for the offense charged, borne a good character, had been a hard-working mechanic and had faithfully cared for his family to the best of his ability.

That at the time of the commission of the offense he had been out of employment a considerable time, and that his wife and children were actually in a destitute

condition.

That the property of the complainant was restored by the prisoner.

Executive clemency was strongly recommended by the District Attorney who prosecuted the case for the people and by the Judge who presided at the trial.

« PreviousContinue »