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STATE OF NEW YOR£\
No. 81.
$
IN
ASSEMBLY,
£' / C / February 14, 1870.
LIST OF PARDONS, .■
COMMUTATIONS AND REPRIEVES GRANTED BY THE
GOVERNOR DURING THE YEAR 1869.
STATE OF NEW YORK :
Executive Chamber,
Albany, Feb. 12th, 1870.
To the legislature:
I respectfully transmit, herewith, a report of the pardons, com-
mutations and reprieves granted by me during the calendar year
one thousand eight hundred and sixty-nine.
Eighty-six pardons, twenty commutations and two reprieves have
been issued.
Of the pardons, sixty-four were from State prison„and twenty-two
from county jail or penitentiary.
A statement is given in brief, of the reasons for the decision in
each case.
In every instance, good conduct in prison has been made a pre-
requisite condition to the granting of a pardon or commutation.
JOHN T. HOFFMAN.
1
3
s s- <r y 7
[Assem. No. 81.]REPORT.
PARDONS—STATE PRISON,
January 8th, 1869—Burdett Goodale, convicted June 5th, 1868, of
grand larceny; Tioga county ; term one year.
Recommended by. judge, district attorney, Hon. Wheeler H.
Bristol and others.
In the opinion of the judge the evidence did not warrant the ver-
dict. The prisoner is offered immediate employment in the county.
February 1st—John DeLany, convicted June 22d, 1868, of larceny;
Cayuga county; term one year.
conduct had been good, and that the sentence was pronounced under
Recommended by judge, district attorney, Hon. Josiah T. Mil-
ler, Homer N. Lockwood, Edward Burt and other leading citizens of
Cayuga county, who state that, previous to the offense, prisoner’s
misconception of the facts. De Lany’s former employer agrees to
take him at once again into his service.
February 15th—Daniel W. Rowland, convicted June 20, 1866, of
bigamy ; Oswego county; term three years.
Rowland’s term would expire in four days more, by reason of his
good conduct in prison.
Pardon recommended by leading citizens of Auburn, by the judge
and by the prison authorities, the prisoner having exposed an attemp-
ted extensive larceny of goods manufactured at the prison.
February 20th—Jacob Orth, convicted December Y, 1867, of an
attejnpt to commit arson, third degree; Kings county; term three
years.
Judge and district attorney recommend pardon, saying that Orth
was convicted on the testimony of a man who, they have since learned,
is untrustworthy.
February 26th-—Thomas Pleasants, convicted November 17th, 1868,
of grand larceny; Kings county; term two years.
The prisoner was convicted of the larceny of a horse and cart.4	[Assembly
His witnesses were not present and lie had no proper defense. His
innocence is now established by undoubted evidence? The judge,
district attorney and complainant have no doubt of his innocence.
March 10th—Henry Strickland, convicted May 17th, 1868, of rob-
bery ; New York; term five years.
Recommended by Governor Bullock and the Executive Council of
Massachusetts, of which State the prisoner is a resident, also by Rev.
W. R. Nicholson of St. Paul’s church, Boston, Mass., and Rev. W.
D. Doty of All Saints church, Brooklyn. Hon. A. Oakey Hall, who
was district attorney at the time of conviction, joins in the recom-
mendation for pardon, saying that “ circumstances arising since the
trial preponderate for the prisoner’s innocence so as morally to
establish it.”
March 11th—Richard W. Towle, convicted June 23d, 1868, of
forgery; Steuben county; term five years.
Recommended by many reputable citizens of Steuben county, on
the ground of previous good character. The pardon is granted, how-
ever, on the statement of judge and district attorney that consider-
ations of a public character demand it, in order that he may be used
as a witness against the principal in this case, who is an old offender.
March 15th—Alonzo Woodworth, convicted October 31st, 1867, of
grand larceny; Cattaraugus county; term three years and nine
months.
Granted on application of the judge and district attorney, who
say that, since the trial, facts have been discovered which clearly
establish the prisoner’s innocence.
April 17th—Howard Byron, convicted January 17th, 1868, of
attempt to commit burglary, 3d degree; New York; term two
years and six months.	•
Prisoner sixteen years old, and pardon applied for by his father,
who desires to take him away from the country. Granted on condi-
tion that the prisoner leaves the country within twenty days, and
does not return within two years.
Recommended by judge and district attorney, also by Hon. A.
Oakey Hall, district attorney at time of conviction.
May 10th—Hiram Cowan, convicted December 23d, 1864, of forgery;
Onondaga county; term five years and four months.
The prisoner’s term would expire in another month. The physi-s
No. 81.]
cian of the prison states that, in his opinion, Cowan cannot live out
that month in prison.
The judge who imposed the sentence, together with very many
leading citizens of Onondaga county, had before this recommended a
pardon.	'
May 19th—Charles Treadwell or Treadway, convicted June 12th,
1868, of grand larceny; Albany county ; term two years.
Recommended by judge, district attorney and a large number
of Reading citizens of Oswego county, where Treadwell resided. The
prisoner, a young man of good character, as stated by his neighbors
and townsmen, took from a canal boat on which he was employed, a
barrel of flour, having been told that he had the right to do so, to
secure himself for wages due him. On being arrested, away from
home, and friendless, he pleaded guilty of grand larceny, though he
could only have been convicted, if at all, of petit larceny.
May 19th—Henry Kelly, convicted February 23d, 1866, of assault
with intent to do bodily harm; Hew York; term five years.
Granted on the special application of Hon. A. Oakey Hall, late
district attorney, who states that Kelly pleaded guilty to* the charge
with the understanding that he should receive a light sentence, as for
simple assault and battery. Through a misunderstanding he was
sentenced for five years. His co-defendant was afterward tried by a
jury and was convicted of only a simple assault.
May 19th—Patrick Mullett, convicted December 18th, 1867, of
assault to do bodily harm; Niagara county; term four years and
six months.
Strongly recommended by Alfred Holmes, late county judge of
Niagara county, Hon. Ransom M. Skeels and many other citizens of
Xockport who unite in claiming the innocence of. the prisoner.
Trustworthy affidavits are produced showing facts inconsistent with
the prisoner’s guilt. Mullett’s former employers and others who for
many years have known him, speak well of him. Ten members of
the jury which convicted the prisoner (one having removed from the
State and another being dead) ask for his pardon.
May 19th—John Mitchell, convicted February 16th, 1866, of man-
slaughter, second degree; Delaware county ; term, four years.
Recommended by Judge Baleom, who presided at the trial, Judge
Murray of the Supreme Court, Who resides in Delaware county, the
district attorney and the other county officers, Hon, B. Griffin, and6	[Assemble
very many members of the bar, and other prominent citizens of the
county ; also by Judge Amasa J. Parker.
It appears frqm the letter of the district attorney that Mitchell,
after avoiding it* as Tongas possible, was forced into a fight which
resulted in the death of the aggressor. It is a matter of doubt
whether the killing was not done in self-defense.
May 27th—Asa Fuller, convicted May 7th, 1866, of manslaughter,
second degree; term, seven years.
Recommended by Judge Bacon (who presided), Judge Denio, the
district attorney, Hon. Ellis II. Roberts, DeWitt C. Grove, Francis
Kernan, O. B. Matteson, W. B. Taylor, Joel Willard, J. T. Spriggs,
and many other citizens of Utica, where the prisoner resides.
The chaplain and other officers of the prison also unite in recom-
mending pardon, on the ground of the exemplary conduct of the
prisoner since his sentence.	,
Before the time of the affray the prisoner had lost both his hands,
one arm having been amputated at the shoulder, the other at the
wrist. Prisoner was present at the affray which resulted in the man-
slaughter, but it was clear he did not take any active part in it.
May 27 th—Daniel Leahy, convicted September 28, 1867,* of robbery;
Erie county; term five years.
Recommended by judge, district attorney and many prominent
citizens of Buffalo.
It appears from the statement of the judge (who makes the
application for pardon) and the district attorney, that the prisoner
took, by force, in a drunken frolic, from the complainant, a few
trifling articles of the total value of twenty-five cents. He was
arrested and the property was found on him. The judge, when
imposing the sentence (the shortest allowed by law), told him that if
his conduct in prison was good he would try to have him pardoned
at the "end of one year. He has served almost two years, and his
conduct has been good. #
May 27th—Henry W. Brooks, convicted December 17, 1868, of
bigamy ; Madison county ; term, one year and four months.
Granted on the application of Judge Kennedy, before whom
prisoner was tried. The district attorney, all the county officers,
and nearly all the members of the bar of Madison county join in the
application.t
No. 81.]
The wife of Brooks had separated from him eleven years before,
and he, an ignorant man, committed the offence without knowledge
that it was a criminal act.
May 28th—Jacob H. Yan Loon, convicted November 12, 1863, of
robbery ; Greene county ; term, ten years and five months.
Recommended by judge and district attorney, and by many other
reputable citizens.
The report of the district attorney shows that Yan Loon was
not the principal offender, but was led into the affair 66 after , being
drugged with liquor.” The sentence was the shortest then allowed
by law. The law having since been amended, making five years the
shortest term for this crime, Judge Miller, who imposed the sentence,
says the prisoner should not be kept in prison longer than five years.
His conduct in confinement has been exemplary.
June 1st—William Watson, convicted March 8, 1866, of grand
larceny; Jefferson county ; term, four years and two months.
Watson, while on a drunken frolic, took a horse and wagon which
lie found hitched in the street, and drove four miles to Lorraine, and
left them, making no attempt to dispose of or conceal the property.
A large number of citizens concur with the district attorney in asking
pardon on the ground that there was no criminal intent. The
prisoner has already served more than three years of his sentence.
June 1st—Patrick. McArdle, convicted March 24, 1868, of assault
with a deadly weapon ; Oswego county ; term, two years and one
month.
Recommended by judge, district attorney, city and county officers,
Senator and members of Assembly, of Oswego^ county, and by Honor-
ables Cheney Ames, J. C. Churchill, IT. C. Benedict, and many
others, who unite in stating that McArdle’s conduct had always, pre-
vious to this offense, been good, and that this crime was rather the
result of carelessness than of any criminal intent.
June 1st—William Dillon, convicted May 24, 1865, of arson, third
degree; Ontario county; term, eight years.
Recommended strongly by a very large number of the leading
citizens of Ontario county, including Honorables Myron II. Clark,
W. S. Hubbell, J. H. Holmes, William B. Wright, S. H. Parker and
others.
The sufferers by the fire which Billon is alleged to have caused,
have also written letters asking his pardon..8	[Assembly
The prison officials speak in the highest terms of his conduct, and
a pardon is urgently recommended by the late chaplain of the prison,
and the keeper of the shop in which prisoner works, on the ground
of his excellent conduct and the great service he has done by his
example, and otherwise in maintaining a high degree of discipline.
June 1st—Patrick Flynn, convicted February 15th, ISM, of man-
slaughter, first degree; Albany county; term, seven years and
three months.
The prisoner and one Coburn, both boatmen, became engaged in
a quarrel about a line, which was claimed by each to belong to his
own boat. Coburn came on Flynn’s boat, and, when ordered to
leave, seized a stave; Flynn doing the same, they approached one
another and both struck, Flynn’s blow taking effect first, from which
single blow Coburn died.	1
The pardon of Flynn is recommended by many citizens, and the
following indorsement by the late Governor, Hon. R. E. Fenton,
appears on file with the papers : “ I think this man can properly be
pardoned after five years from the date of his sentence.” Flynn has
now served more than five years.
June 7th—'Martin Scheiber, convicted March 18, 1868, of false pre-
tenses ; New York; term, two years.
Recommended by Charles Van Benthuysen, Thomas Olcott, Hon.
Ira Harris and others, who speak as to previous character.
This appears to have been prisoner’s first and only offense ; and as
he only obtained some six dollars by his false representations, the
punishment inflicted seems more than sufficient.
June 7th—William Watson, convicted August 5th, 1863, of robbery,
first degree; New York ; term, ten years.
Prisoner was tried before John T. Hoffman, then recorder. The
complainant was not desirous of pressing the charge. Prisoner’s
conduct had always been good. The offense, however, was, techni-
cally, robbery, and by the then existing law ten years was the mini-
mum punishment. This minimum has since been reduced by law to
five years, and prisoner is entitled to the benefit of it.
Juno 7th—Louis Baccio, convicted April 20, 1869, of rape; New
York; term, twelve years.
Evidence submitted to the Governor shows the conviction to have
been improper. Recorder Hackett, (before whom prisoner was tried)No. 81.]	9
writes:	“ I believe that if he had been provided with counsel of his
own before his trial, all the necessary testimony for his defense would
have been supplied, and that the jury would have found him inno-
cent. I believe that Baccio should be pardoned.”
June 14 th—James McGinn ess, convicted February 9, 1866, of fel-
onious assault; Kings county; term, five years and six months.
Recommended by Judge Dikeman, who imposed the sentence,
Judge Troy, district attorney, and leading citizens, including Abra-
ham Beal, representing the prison association.
The prisoner, but eighteen years of age, became engaged in a fight
with an older and. stronger man, who admitted that he was the
aggressor. During the fight McGinness cut the other with a knife
in the face.
His character had always been good, and his punishment, in view
of all the circumstances, has been sufficient.
June 14th—Patrick Ward, convicted February 3, 1868, of manslaugh-
ter, third degree; Montgomery county; term, two years and six
months.
Recommended by judge, district attorney, sheriff, and other county
officers of Montgomery county, who speak in high terms of Ward’s
character. He, and one Haddendorf, had a quarrel, and Hadden-
dorf raised a pitcher to strike him; Ward struck back with a stick
which he held in his hand. A magistrate, who was an eye witness of
the affair, refused to issue a warrant for Ward’s arrest. Haddendorf,
therefore, went eight or ten miles on foot to another magistrate, who
also refused, after hearing his statement, to issue a warrant. It was
not supposed at the time that the injury was serious; but Hadden-
dorf slept for a few nights following in the woods, and death ensued,
though whether from the wound, or from exposure, is uncertain.
The judge and district attorney now agree that the conviction, at
most, should have been manslaughter in the fourth degree.
June 16th—Patrick Sheron, convicted August 13, 1863, of robbery;
New York ; term, ten years.	.
He was convicted before Recorder Hoffman, and sentenced by him
for the shortest term then allowed by law. Five years has since been
made the shortest punishment for this grade of crime. It is believed
that the prisoner should have the benefit of this change in the law.
One Egan, who was .convicted With Sheron* and Whose case was pre-
cisely like his, was pardoned in 1864;10
[Assembly
June 22d—Peter Killey, convicted December 20, 1864, of highway
robbery; New York; term, ten years and three months.
The prisoner was tried before Recorder Hoffman. The evidence
against Killey was weak, and the crime, in the opinion of the recor-
der, was not satisfactorily proven. The Governor grants the par-
don, having full recollection of the case.
June 28th—Henry J. Fenwick, convicted December 4, 1867, of grand
larceny; Kings county; term, two years and six months.
Recommended by judge, district attorney, and by many other
reputable citizens. The prisoner, a boy eighteen years of age, whose
previous character had been uniformly good, was led by a very much
older person into the commission of this offense. An opportunity is
now offered for him to enter into an honorable business, and his con-
duct in prison has been such as to lead to the belief that he is entirely
reformed.
June 28th—George H. Miller, convicted January 17, 1867, of rob-
bery ; New York ; term, twenty years.
Recommended by district attorney, who states his belief in Miller’s
innocence, by Hon. William Fullerton, who was* present at trial, and
thinks conviction not justified by evidence, and by many others.
The prisoner’s character was always good previous to this conviction.
June 28th—-William Smith, convicted September 26, 1867, of burg-
lary, third degree; New York ; term, three years and six months.
This was prisoner’s first offense. He is now hopelessly ill, and has
for fourteen months past been in prison hospital. His sister promises
to provide for and attend him while he lives.
June 28th—Peter Wilson, convicted December 23, 1865, of burg-
lary, third degree; Kings county ; term, five years.
First offense. Prisoner has been Lor many months an inmate of
the hospital, being hopelessly crippled from a hip wound received
in the late war. He has served the larger portion of his term, and
his friends (responsible parties) promise to see that he is taken care
of, and as soon as possible sent back to Denmark, his native country.
July 3d—Joseph Lyman, convicted May 15, 1865, of burglary, third
degree; New York ;. term, five years.
Granted, on condition that Lyman shall leave the country within
a week and return to his friends in Cuba.
The prisoner having earned full deductionfallowed by law for good11
No. 81.]
conduct, has but little more than a month yet to serve. His char-
acter, previous to this offense, is shown to have been^good.
His father has recently died in Cuba, leaving a large {estate,-" and
the prisoner’s presence is necessary to the settling of the estate.
July 6th—-John Harris, convicted April 28, 1868, of petit larceny
from person; New York; term, five years.
Strongly recommended by district attorney and many leading
citizens. It appears, from an examination of the case and of the
affidavit of the complainant, that the offense did not properly come
within the statute defining u larceny from person.” It was at most a
petit larceny, and as such has been sufficiently punished.
July 7th—Edward Hodgdon, convicted October 29,1860, of murder,
second degree ; New York; term, life.
This pardon is granted after a personal examination, at the prison,
by the Governor.
Eecommended by Judge Gould, who presided at trial, Hon. Nelson
J. Waterbury, district attorney at time of trial; Hon. John H.
Anthon, assistant district attorney, G. B. Hubbell, State agent and
warden ; Hon. A. M. Depew, and others.
Judge Gould, in a letter, dated, January 13, 1865, said in regard
to this case: “ Under the law.I had no discretion, and was obliged to
sentence him for life. I had serious doubts of his guilt, questioning
as to his intent, even if he gave the wound, and being inclined to
the opinion that, even granting his intent, he was crowded into a
corner by a more powerful man. I should have been quite as well
pleased with a different verdict. I very seldom recommend a pardon,
but in this ease I would do so.”
Since Hodgdon has been in prison, the minimum punishment for
this grade of crime has, bylaw,* been reduced to ten years. The
pidsoner has already served out more than this term, giving him the
deduction allowed by law, and his conduct in prison has been uni-
formly good. The character, of the prisoner, prior to his arrest for
this crime, is shown to have been good.
July 21st—Patrick Morrisey, convicted December 12j 1868, of grand
larceny ; Erie county ; term, three years and six months.
Eecommended by judge, district attorney,. Hon. A. P. Nichols, and
many , other citizens of Erie county.
The prisoner’s previous character had been uniformly good. This
offense was committed while he was intoxicated, and is not believed12	[Assembly
to have been done with any criminal intent. Immediate employment
is promised for him on his release.
July 21st—John Howard convicted July 8, 1869, of robbery, first
degree; Hew York; term five years.
It is believed that the prisoner is innocent of the crime of which he
has been convicted.
His good character and reputation are vouched for by the mayor
of Boston, where he has always lived. The following letter from the
judge who sentenced him, and the assistant district attorney who
prosecuted the case, will explain its nature.
“We deem it our diity,*and an act of justice to the prisoner, John
Howard, to represent to you that, in our opinion, said Howard was
entirely innocent of the crime of which he was convicted by a jury at
the June term last, and who recommend him te the mercy of the
court, showing they also had some doubts as to his guilt. Without
entering into a detailed statement herewith, we respectfully refer you
to the remarks made by each of us at the time of the sentence of
Howard, who was sentenced to the lowest term.allowed by law. We
respectfully recommend Howard to a pardon, believing him guiltless
of any participation in the robbery of the complainant.”
July 21st—Charles Fleming, convicted October 3d, 1865, of robbery,
first degree; Erie county; term, fifteen years.
Becommended by the judge who presided and the jury which con-
victed the prisoner, as also by Bishop Doane, Bev. J. L. Gray, Hon.
D. S. Bennett, and many others. Fleming’s previous character is
shown to have been good, and it is represented that his entire reform-
ation has been produced, by the punishment already inflicted.
July 21st—Joseph Anderson, convicted April 8, 1867, of burglary
and felonious assault , Niagara county: term, ten years and three
months, and
July 21st—Patrick Mulligan, convicted April 8, 1867, of burglary
and felonious assault; Niagara county; term, ten years and three
months.	• ' 4
A careful examination of this case leads to the conclusion that it is
a case of mistaken identity, and that the innocence of Anderson and
Mulligan is clearly established.
The former good character of both prisoners is shown, and it is
proved, on the testimony of many witnesses, whose character and
truthfulness are vouched for by leading citizens of Lockport, that, at13
No. 81.]
the time of the commission of the offense, they were in another
place.
July 21st—Israel Wood, convicted October 18, 1867, of grand lar-
ceny ; Kings county; term three years.
Recommended by Judge Dikeman, who imposed sentence, Dis-
trict Attorney Morris, Judge Troy, Hon. A. Oakey Hall, the com-
plainant in the case, and many leading citizens.
The exemplary conduct of the prisoner, previous to this offense, is
testified to by all his former employers, and by many who have
known him from childhood; and the Governor, after full inquiry,
thinks that punishment has been sufficient.
July 26th—Hiel Davis, convicted May 7, 1866, of manslaughter,
second degree; Herkimer county ; term seven years.
Recommended by the judge who presided at the trial, and a large
number of respectable citizens.
The prisoners, with others, became engaged in an affray with the
keepef of a tavern. Their previous character is shown to have been
good. Two others connected with the affray and., convicted at the
same time, have heretofore been pardoned..
In view of all the facts shown to the Governor, and of good con-
duct in prison, evincing repentance and reformation, it is deemed
advisable to remit residue of sentence.
August 11th—Henry Flomerflejt, convicted October 9, 1863, of
robbery; Erie county ; term ten years.
Recommended by judge, district attorney and jurors, from whose
statements, the offense in this case appears to have been little more
than a,larceny, though technically a robbery. When sentence was
passed, ten years was the shortest term for this crime ; since then the
minimum has been reduced to five years. The prisoner has already
served almost six years, and his .health is impaired. His previous
character was good.
August 2d—David Welsh, convicted June 3,*1862, of robbery; Erie
county ; term, sixteen years, and
August 30th—Michael Gleason, convicted June 3, 1862, of robbery;
Erie county; term, fifteen years.
These pardons are granted on the urgent recommendation of Hon.
Noah Davis, who sentenced the prisoners, and who now says that their
sentence was too severe. It was their first offense, and was committed
while4hey were in a state of intoxication. The late Governor, Hon,14
[Assembly
Reuben E. Fenton states, that it was his intention to have pardoned
Welsh, but, that in the pressure of other business he overlooked it.
They have already served more than seven years. *
August 24th—-Christopher Blake, convicted February 7, *1866, of
grand larceny; New York; term, five years.
On condition that prisoner leaves the country, to' return to his
parents in Ireland within thirty days.
Granted on urgent recommendation of all the prison officers. The
prisoner is now in the hospital, suffering from extreme mental and
physical debility. He was but eighteen years of age when the crime
was committed, and it was his first offense,
August 24th—Patrick Conners, convicted September 24, 1863, of
aiding prisoners to escape; Rensselaer county ; term, ten years,
and
August 24th—Edward Spain, convicted, January 12, 1864, of aiding
prisoners to escape; Rensselaer county ; term, nine years and six
months.
Pardon for these men recommended by judge, district attorney,
and many leading citizens, including Hon. John M. Francis, George
W. Demers, Hon. Martin I. Townsend, and many others.
The following indorsement, made by Governor Fenton’s pardon
clerk, appears upon the papers : “ The Governor thinks pardon may
be granted after one-half the term has expired.”
September 6th—Levi Conger, commuted March 9, 1869, of burglary
and larceny ; Ontario county; term, two years,
The judge and district attorney unite in stating that facts which
have come to light since the trial, establish the innocence of Conger,
of whose guilt they had some doubt at the time of his conviction.
The guilty party has since confessed, and stated that Conger had
no connection with the crime.
Sept. 6th—John Cummings, convicted June 30th of rape; Jefferson
county; term, fifteen years.	. - ‘ .
This case was personally examined by the Governor at the prison.
Granted, on the urgent recommendation of all the prison officials, for
unusual and valuable service to the State. The prisoner has on two
occasions been the means of saving the prison buildings from disas-
trous fires, and at another time saved, at the risk of his own, the life
of fhe principal keeper, who had been attacked by convicts* There15
No. si.]
is also some doubt in the case as to the facts connected with the crime
of which prisoner was convicted.
Sept. 6th—James Gallagher, convicted Dec. 22d, 1865, of robbery ;
Onondaga county; term, five years and six months.
Personally examined by the Governor at the prison. Recom-
mended by Judge Eiegel, who imposed the sentence. This seems to
have been rather an assault than a robbery. There is no evidence
that it was made with intent to steal. The prisoner’s previous char-
acter was good. He has now served almost four years.
Sept. 6th—David Duane, convicted Oct. 21st, 1863, of robbery;
Erie county; term, ten years.
Personally examined by the Governor at the prison. Granted on
recommendation of Judge Grover, who passed the sentence. The
amount taken was thirteen dollars, and there were mitigating cir-
cumstances. The shortest term which the law at that time allowed,
was imposed. The minimum punishment for this crime has since
been reduced to five years. Duane has been in prison six years.
September 20th'—Henry Soller, convicted October 3d, 1866, of grand
larceny; New York; term, four years.
Recommended by district attorney, complainant, and many leading
citizens. Upon the facts proved, it is doubtful if the offense was, in
law, larceny. The prisoner’s previous conduct had been good. His
health is now poor, and arrangements have been made to put him in
business in another State.
September 28—James Cahill, convicted December 18th, 1866, of
felonious assault; Niagara county; term, four years and six months.
Recommended by mayor, city attorney, city treasurer, chief of
police, and other city and county officers of Lockport and Niagara
county. The assault consisted in throwing a stone at a passing pro-
cession. The complainant, who was injured by the missile, now says
that he is satisfied that it was not thrown by the prisoner, and asks
for his pardon. Cahill had always borne a good character.
September 30th—Jacob Miller, convicted January 31st, 1861, of
arson, second degree; New York; term, twelve years and six
months.
Recommended by judge, the fire marshal of New York, Rev. Dr.
Wines, and Dr. John H. Griscom, of the prison association, Rev, Dr.
Muhlenberg, Rev. Dr. Gall&ndet, S, F. B* Morse, and many other16	[Assembly
leading citizens. The conduct of Miller in prison has been at all
times most exemplary, and he has shown evidence of a thorough
reformation. The judge states that the sentence was unnecessarily
severe, and thinks that he should now be pardoned, having served
nearly his full term.
October 13—James Meatt, convicted November 28th, 1868, of arson,
second degree ; Erie county ; term, ten years.
Recommended by upward of fifty members of the bar of Buffalo,
including H. W. Box, John Ganson, G. A. Scroggs, A; P. Nichols,
and many other prominent lawyers who say that the verdict is uni-
versally believed to be unwarranted by the evidence, and that Meatt
is not guilty of the crime.
A careful personal examination of the whole case by the Governor
satisfies him that the evidence of the principal witness is not entitled
to credit.
November 6th—Cooper Ostrander, convicted January 18, 1869, of
grand larceny; Rensselaer county; term, one year and three
months.
On application of judge and district attorney. New evidence has
been discovered which shows the innocence of the prisoner; and the
judge being powerless after the sentence to grant relief on motion for
«a new trial) asks the Governor to issue a pardon.
November 25tli—Oscar Koch, convicted February 25th, 1867, of
felonious assault; New York; term, five years.	'
From an examination of this case, the guilt of the prisoner seems
doubtful. If guilty, he has already suffered a sufficient imprison-
ment for the crime actually committed, the sentence having been
unduly severe, for it was only an assault, not an attempt to rob.
November 25th—Eugene Joiner, convicted October 3d, 1868, of for-
gery; Orleans county; term two years.
.Recommended by judge, district attorney, complainant, and other
citizens, who state that, in their opinion, the act committed by the
prisoner Was without criminal intent, and done in ignorance.
Joiner is eighteen years old, and is represented always to have
borne a good character.
December 21st—Philip Brown, convicted February 23d, 1866, of fel-
onious assault; New York; term, five years.
Recommended by judge, district attorney, Gen. P. H. Jones, Col.17
No. 81.]
M. J. Farrell, and many others, on the ground that facts which have
come to light since the trial, show strong mitigating circumstances,
and that the punishment imposed was excessive.
December 25th—George Scholon, convicted December 22d, 1866, of
rape; Albany county; term, twelve years and four months.
Recommended by judge, district attorney, Hon. W. A. Beach,
George W. Demers, and others, on the ground that it is very doubt-
ful if a rape was committed.
The complainant was a public prostitute.
*•
December 24th—Wilbur Conley, convicted December 11th, 1868, of
burglary, third degree; St. Lawrence county; term, one year and
six months.
Recommended by district attorney and other county officers of
St. Lawrence county, who state, “ That said Conley and another were
out upon a hunting excursion, and, being hungry, came to a house,
the occupants of which were absent, and seeing a loaf of bread and
a small piece butter setting in a pantry window, raised the window,
and, taking out the bread and butter, sat down and ate them.” The
value of the property taken was about twenty-five cents. Conley
was twenty-one years of age, and had always sustained a good char-
acter.	*
PARDONS,
COUNTY JAIL AND PENITENTIARY.
Penitentiary, February 27th—Henry Shreves,: convicted January
19th, 1869, of petit larceny ; New1 York ; terrii^ three months.
Recommended by Hon. A. Oakey Hall, late district attorney, and
by Governor Theodore F. Randolph, and Hon, John P. Stockton, of
New Jersey, of which State the prisoner is a resident. It appears
clearly that the conviction was had under a misapprehension of facts.
The prisonor was very young and of good character.
County Jail, March 23d—Michael Barry and Timothy Driscoll, con-
victed February 25th, 1869, of assault and battery; Madison
* county ; term, ninety days.
Granted on application of Justice Kinney, before whom prisoners
were tried. Testimony elicited since the trial shows that the con-
victed parties were wholly innocent of the assault, the sole witness
againt them having been, as it now appears, an escaped convict, f
[Assem. No. 81.]	%18	[Assembly
Penitentiary, April 10th—Ernest Idler, convicted March 9th, 1869,
assault and battery • St. Lawrence county; term six months.
Recommended by the recorder of Ogdensburgh, who imposed the
sentence, and many other leading citizens of St. Lawrence county,
the prisoner’s previous character being excellent.
Penitentiary, April 12th—Charles Rising, convicted January 26th,
1869, of disorderly conduct; Albany county; term six months.
Recommended by the committing magistrate, the county judge,
the district attorney, and many respectable citizens who are acquain-
ted with the facts in the case.
The prisoner’s offense consisted in not supporting his family,
which, by a special law, applicable only to the town of Watervliet,
may be punished as a misdemeanor. The magistrate states that facts
unknown at the time of commitment, have since come to his knowl-
edge, which constrain liim to ask* for the pardon of Rising.
Penitentiary, April 15tli—-Mary Cannon, convicted April 30, 1869,
of assault; Rensselaer county; term sixty days.
Recommended by the committing magistrate, who stated that he
believed that the conviction in this case was erroneous. The prisoner
appears tot have been an industrious, sober and peacable woman.
Penitentiary, May 6th—Adam Rhinehart (colored), convicted April
1st, 1869, of petit larceny ; New York ; term four months.
Recommended by Rev. John Murray Forbes, Fanny Beckwith,
Isaac Bell, John Bigelow, and others^ who testify to previous good
character of the prisoner and to their belief in his innocence.
Penitentiary, May 18th-—Heymer H. Bancker, convicted January
17th, 1868, of grand larceny; New York ; term five years.
Recommended by Judge Russell, who sentenced the prisoner, Rev.
Henry Ward Beecher, Dr. Gallaudet, Marshall O. Roberts, Orlando
L. Stewart, and others.
Bancker, during the absence of his sister (his only near relative)
in Europe, entered into the service of the complainant. He was led
into evil associations, and, under influence of older persons, stole
from his employer a small sum of money, he being at the time under
fifteen years of age. He afterward served with credit in the navy
for nearly two years before he was indicted. His conduct, except in
this one instance, had been very good.19
No. 81.]
Penitentiary, May 18th—George W. Tonis, convicted April 15, 1869,
of petit larceny; Monroe county ; term, ninety days.
Granted on condition that the prisoner be immediately transferred
to the Rochester city hospital, it being satisfactorily shown that he
was very ill with consumption.
Penitentiary, May 27th—George E. Blowers, convicted September 2,
1868, of grand larceny; Wyoming county ; term, one year.
Recommended by district attorney, county judge and other county
officers, members of the bar and many of the citizens of Wyoming
county. The prisoner found a pocket-book which had been dropped
by the complainant in a stage-coach, and, being advised that he had
a right to do so, kept it. He was not yet twenty years of age and
had previously borne a good character.
Penitentiary, May 29th—Thomas Seabury, convicted March 23,1869,
of petit larceny; New York; term, six months.
Recommended by Judge Dowling, who imposed sentence, and
by many prominent citizens of New York.
Seabury committed this, his first offense, under the pressure of
threatened starvation for himself and family. Property of*the value
of twelve dollars were stolen and at orfiM pawned for bread. He is
now offered employment.
Penitentiary, June 2d—Edward Lewis, convicted March 5,1869, of
attempted burglary, third degree ; New York; term, one year.
It appears that some months ago and before the alleged offense,
the prisoner received a severe blow on the head, since which time he
has not, in the opinion of several physicians, who testify, been of
sound mind. Hon. Samuel B. Garvin, district attorney, says : “From
all I can learn of the case, I am satisfied it is a proper case for a
pardon. He is upwards of sixty years of age, and has heretofore
borne a good character. I have also great doubts of his sanity.
County Jail, July 6th—Elizabeth Burrows (colored), convicted July
1, 1869, of petit larceny ; Orange county; term, sixty days.
Recommended by the justice who imposed the sentence, by the
complainant and other reputable citizens. The physician of the jail
certifies that the life of the prisoner as well as that of her infant
child, but three weeks old, is endangered by the confinement.
Penitentiary, August 4th—Mary Dwyer, convicted July 1st, 1809,
of petit larceny; New York; term six months.
#
20	[Assembly
Recommended by A. Beal, agent of prison association and others.
The prisoner was convicted on the unsupported testimony of a girl
but four years of age. Previous good character is shown. TJpon the
report of Mr. Beal who made careful examination, the Governor is
satisfied that prisoner was not guilty.
Penitentiary, August 25th—George W. Ball, convicted August 2d,
1866,	of grand larceny; New York; term two years.
Strongly recommended by judge, district attorney, complainant
and all his fellow employees. The larceny consisted in the over-
drawing of his account to a small amount by the prisoner, who was
cashier in a New York mercantile house. Shortly after overdrawing,
he had a difficulty with his employer and was discharged. He at
once informed his employer that the account was overdrawn, and on
being arrested plead guilty of grand larceny, although there is doubt,
on the facts, of guilty intent. Recorder Hackett says that if he had
understood the facts he would have suspended sentence.
Penitentiary, Sept. 6th—Amelia McGofF, convicted January 22d,
1867,	of burglary, second degree ; Monroe county; term three years
and si5? months.
Granted on condition that the prisoner be at once removed to St.
Mary’s or some other hospital where she may be properly cared for.
Recommended by superintendent and physician of penitentiary, who
state, that prisoner is in advanced stage of consumption with no hope
of recovery and that her friends wish to remove her to St. Mary’s
hospital. (In this case,*the prisoner died an hour before the pardon
was received at the Penitentiary.)
Penitentiary, Sept. 15th—Joseph "Whelon, Convicted July 21th,
1869, of assault and battery; Onondaga county ; term, six months.
Recommended by committing magistrate. This was prisoner’s
first offense, and he has a wife and two children depending on him
for support, who are in great distress.
Penitentiary, October 9th—George Soule, convicted October 4th,
1869, of assault and battery; Erie county; term, thirty days.
Granted on application of Judge Yanderpoel, who imposed the
sentence, and who now states that Soule was erroneously convicted;
concurred in by district attorney and superintendent of police.
County Jail, November 9th—Frederick Eames, convicted September
—, 1869, of assault and battery ; Queens county ; term, four
months*ft
No. 81.]	31
Recommended by county judge, and many reputable citizens of
Hempstead, where prisoner resides, and where the offense was com-
mitted. Eames is shown to have been, prior to this offense, a sober,
honest and industrious citizen. He has a large family greatly suffer-
ing from want of his support.
Penitentiary, December 1st—Peter Quinn, Jr., convicted December
6th 1867, of robbery; Kings county; term, five years.
Recommended by judge, district attorney, Mayor Kalbfleisch, Hon.
Henry C. Murphy, and others. The prisoner is represented to be a
mere lad, of weak intellect, and the case, though a technical robbery,
was but little, if anything, more than petit larceny.
Penitentiary, December 20th—Sarah Ellsworth, convicted July 10th,
1869, of disorderly conduct; St. Lawrence county; term, one year.
Pardon granted on condition that prisoner be at once removed to
the hospital of the sisters of charity. Recommended by the super-
intendent and physician of the penitentiary. The prisoner is four-
teen years old, and the serious condition of her health demands the
change.	s.
COMMUTATIONS,
May 27th—Charles S. Chase, convicted July 14th, 1865, of grand
larceny ; New York ; term five years; commuted to four years.
Recommended by Hon. A. C. Beach, James A. Bell, and many
other citizens of Watertown, where Chase has always resided.
They represent that he had always borne a reputable character,
and that he was beside himself with liquor, in a strange city when
the crime was committed. He has earned full time for good con-
duct in prison.
Utay 27th—Yates Esmond, convicted June 11th, 1867, of burglary,
third degree; New York; term, five years; commuted to two
years.
Previous character of prisoner highly spoken of by those who have
known him from childhood. This was his first offense. The physi-
cian of the prison reports that Esmond is in the hospital with abdomi-
nal dropsy, and that he cannot live long ; that he cannot under any
circumstances recover; but that if released, a change of climate and
surroundings may prolong his life several years.
«22
[Assembly
'May 27th—Edward Burns, convicted December 15th, 1864, of rob-
bery, first degree; Netv York; term, ten years and six months;
commuted to four years and nine months.
Prisoner was sentenced by Recorder Hoffman, who stated at the
time that there were palliating circumstances in the case, but that
the great frequency of the crime of robbery, at that time rendered
necessary, for example’s sakef a severe sentence. The sentence as
commuted is believed sufficient for the crime committed.
May 27th—Edward Fitzgerald, convicted December 17th, 1864, of
burglary, first degree; Kings county; term, ten years; commuted to
five years.
Recommended by judge, district attorney, Hon. Wm. D. Yeeder
and a large number of prominent citizens of Brooklyn and by A.
Beal, agent of the prison association.
It appears by the letter of the district attorney, that Fitzgerald,
whose character had up to this time been very good, was led by
others into this crime and made merely their tool, his mind being
weak and easily influenced.
May 27th—Alfred Bender, convicted November 17th, 1865, of arson,
third degree; Genesee countyterm, six years and eleven months ;
commuted to four years and six months.
Subject to such further deduction as may be earned by good con-
duct in prison. An immediate pardon in this case was strongly
urged by a very large number of the leading citizens of Genesee
county; the district attorney has also repeatedly urged a pardon, sta-
ting that Bender was drawn into the crime without any realizing
sense of its enormity, and that he is a mere boy, who had before this
borne an excellent character.
May 27th—Eugene Bassett, convicted April 14, 1866, of robbery;
Steuben county; term, eight years; commuted to three years and
six months.
Recommended by the district attorney and other county offieerslbf
Steuben county, and by many leading citizens.
The prisoner, whose previous good character is shown, was led
into the commission of this crime by an older man, who was the
principal offender.
June 1st—John Slavin, convicted September 27, 1855, of robbery,
first degree; Albany county*; term, fifteen years; commuted to
five years, with the further deduction allowed by law for good
conduct in prison/23
No. 81.]
Recommended by tbe judge, district attorney and many prominent
citizens.
The prisoner and one Curley, were both convicted of the same
offense, on the same testimony. Slavin was tried in September, 1865,
and sentenced to fifteen years imprisonment, while Curley, who was
not tried till the following March, was sentenced for only seven and
a half years. Judge Clute, who sentenced the prisoner, says :
“ Slavin ought not, certainly, to suffer a longer imprisonment than
Curley.55
Curley’s sentence was commuted by Governor Fenton, to two years
and a half, and the following indorsement in reference thereto is
found on the papers in this case: “ I have commuted the sentence of
Daniel Curley to one-third of his term, and I think Slavin should
receive, at least, a proportionate reduction of his sentence if his con-
duct in prison remains good.55
June 1st—William G. Wright, convicted January 2&, 1869, of
forgery, fourth degree; New York; term, five years; commuted
to one year.
Recommended by Rev. J. Hendrick and a large number of repu-
table citizens of Steuben county (Wright’s home), because of his
good character previous to this offense, and the belief that the pun-
ishment already inflicted would answer the ends of justice and secure
the reform of the prisoner. This is the first offense, and his pastor
says of him : “ The subject of this petition has, until this occurrence,
maintained an unblemished reputation, and has been distinguished
as showing toward his mother all that filial regard which would be
expected from a kind, faithful and affectionate son.55
June 1st—Alexander McDougall, convicted, July 19th, 1865, of
grand larceny; Kings county; term five years; commuted to four,
years.
Recommended by Hon. W, A. Henry, attorney-general of Nova
Scotia, and very many leading officials and citizens residing at Gape
George, Nova Scotia, where McDougall has always lived.
This is the prisoner’s first offense, his former blameless character
being clearly shown ; and his aged parents are now in great distress
and want, by reason of his imprisonment. He has earned full deduc-
tion by his good conduct in prison, so that the commutation now
granted takes but three months from his sentence.24:
[Assembly
June 1st—Hugh O’Hara, convicted April 8th, 1867, of grand larceny;
Niagara county ; term four years; commuted to two years and six
months.
Recommended by Hon. Richard Crowley and many other citizens
of Niagara county, on account of the enfeebled condition, in body
and mind, of the prisoner, and of the reasonable doubt that seems to
exist of his guilt, the evidence against him having been purely cir-
cumstantial.
Dr. Button reports that O’Hare is partially paralyzed and unable
to do any work ; also that his mind is greatly enfeebled.
June 1st—Michael Moynehan, convicted February 19th, 1862, of
murder; Chemung county; term life; commuted to ten years.
Strongly recommended by judge, district attorney, Hon. John S.
Nicks, Hon. E. L. Patrick and very many other leading citizens of
Chemung county. Judge Campbell, who presided at the trial, recom-
mends commutation on the ground of the extreme youth of Moyne-
han, and that he was engaged in a drunken row led on by older men,
and says: “ The killing was clearly not premeditated.” The prisoner
was sixteen years old when the crime was committed.
June 15th—John Samuels, convicted July 8th, 1861, of manslaughter,
first degree; New York; term, fifteen years; commuted to ten
years.
Prisoner was sentenced by Recorder Hoffman, on his own plea of
guilty of manslaughter, offered by advice of counsel.
He was a sailor, and the night of the manslaughter was his first
night ashore after a long cruise.
He fell into bad company, and, while under the influence of liquor,
killed one of his companions with a knife which was lying in the
room. There was good reason to believe that the witnesses told only
one side of the story, and that most unfavorable to the prisoner, who
had been greatly provoked and ill treated, so much so as to make
him, in his then condition, almost insane.
The Governor recollects distinctly the case, and his resolve at the
time of pronouncing sentence, that, if the prisoner’s conduct in
prison should be good, he would endeavor to secure for him a com-
mutation of sentence.
June 28th—Seba Darrin, convicted February 20th, 1867, of burglary;
Steuben county; term, five years and three months; commuted to
two years and six months.25
No. 81.]
Pardon in this case was strongly urged by jndge and district
attorney. The burglary consisted in breaking into a house of ill-
fame by the prisoner and taking from the mistress a pistol, with
which she was threatening him. The circumstances of the case repel
the presumption of any intention to rob.
July 1st—Morris O’Gorman, convicted October 24th, 1867, of forgery,
third degree; confession; New York; term, four years; commu-
ted to two years. -
Pardon strongly recommended by Judge Barnard, Hon. Orison
Blunt, John Bruce and many other leading citizens. The crime was
committed while the prisoner was greatly intoxicated, and consisted
in presenting a forged order for five gallons of varnish. Previous
character is shown to have been good.
July 2d—James Geehan, convicted April 7th, 1865, of robbery;
Kings county ; term, ten years; commuted to five years.
Ten years was the shortest term for this crime when Geehan was
sentenced. The law has since been changed, making five years the
shortest term, which in this case was ample. Previous good char-
acter shown.
July 8th—Thomas Corcoran, convicted April 11th, 1867, of burglary
third degree, and grand larceny; Rensselaer county; term, five
years; commuted to two years and six months, with the further
deduction allowed by law for good conduct 4n prison.
Pardon recommended by Judge Robertson, who imposed the sen-
tence, Judge Romeyn and many other respectable citizens of Troy.
The previous character of Corcoran is shown to have been good.
Judge Robertson states that he now thinks the punishment imposed
by him was too severe, ajid that a pardon should be granted.
September 15 th—John Smith, convicted October 4th, 1865, of rape;
Erie county; term, twenty years; commuted to five years.
Pardon strongly urged by judge, district attorney, jurors and com-
plainants, also by Hon. D. S. Bennett and other leading citizens of
Buffalo. A personal examination of the prisoner was had by the
Governor in a recent visit to the prison.
The circumstances of the case were such, in the Governor’s opinion,
as to make the punishment, as above commuted, amply sufficient.
Sept. 27th—James Carroll, convicted July 6th, 1860, of arson, 1st
degree ; New York; term, life ; commuted to ten years.
[Assem. No. 81.]	326
[Assembly No. 81.]
Recommended by district attorney, the chaplain and physician of
the prison, Hon. Homer A. Nelson and others.
Fire Marshal Baker, who procured the conviction, says the prisoner,
who was young, was led into this crime by his employer, and on this
ground he recommended his pardon.
When the prisoner was sentenced no punishment less than life was
allow by law for this grade of crime. Since that time the law has
been amended making ten years the minimum.
November 30th—David Burke, convicted October, 22d, 1869, of
murder ; Queens county; sentenced to be executed December 10,
1869 ; commuted to imprisonment for life.
The prisoner was tried twice, the first jury having failed to agree.
Judge Gilbert who presided at the first, and Judge Joseph F. Bar-
nard, who presided at the second trial, unite in recommending the
commutation.
Decemher 14th—Benjamin Teachout, convicted September 15th,
1869, of murder; Wyoming county; sentenced to be executed
December 25tli, 1869 ; committed to imprisonment for life.
Evidence discovered since the trial creates just enough doubt
whether the jury would have convicted the prisoner, with this addi-
tional evidence before them, to make it unwise to inflict the death
penalty. Judge Noah Davis, who presided, very strongly urges a
commutation, stating that he believes a new trial on the ground of
newly discovered evidence, would have been granted by the court if
it had had the power.
The district attorney, Hon. A. P. Banning (who represented the
attorney-general), the county judge, sheriff, and nearly all the jurors,
besides many members of the bar of Wyoming county, unite in recom-
mending commutation.
REPRIEVES.
June 1st—Joseph Messner, convicted April, 1869, of murder; Mon-
roe county ; sentenced to be executed June 4th, 1869; respited to
June 18th, 1869.
Granted to allow counsel time to sue out writ of error and make
application for^stay of proceedings.
November 30th—Owen Hand, convicted October 18th, 1869, of mur-
der ; Kings county; sentenced December 3, 1869; respited to
December 17 th, 1869.