The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-01-19
END OF DULL'S CASE.
APPLICATION FOR EXECUTIVE
CLEMENCY REFUSED.

n Il x LII " a 4VN FUN C[AAl 0d2vE
CLEMENCY REFUSED.
JUDGE GUIGON'S VIEWS.
Upon the announcement Of the decision
Of the Supreme Court refusing new trial
to John Dull the following application for
Executive clemency in his behalf was made
to Governor Kemper and urged by several
of the influential citizens of Richmond:
To has ErceHency Gorernor James l..
EeDlper:
The petition of John c. Dull respectfully
represents to your Excelency that on the
Dist day Of November, 1874, he was con-
Yicted in the Hastings Court of Richmond
of felony and sentenced to three years.
confinement In the State penitentiary.
The crime alleged against your petitioner
was participation in certain game of chaEcs
whereby party was defrauded of between
five and six hundred dollars, aud the allega-
ton of your petitioners participation was
based alone on the circumstance that your
petitioner rented the house TO those who
conducted the game whereby the money was
lost. It was not alleged nor preteo ded that
your petitioner was party to the conduct Of
the game, or present for one moment during
its continuance. And your petitioner may
add that on the complaint of the losing party
that he had been detrauded your petitioner,
on being informed that bis position as lessor
of the house made him technically liable, re-
funded him half his losses. Your petitioner
is advised and believes that accorditg to the
most rigorous construction of the law his of.
fence was only misdemeaner yet it is
visited with the punishment of the gravest
felonies. Therefore your petitioner humbly
prays that your EXcelercy will interpose in
the only manner in which the severity of the
sentence can be qualified. JOHN c. Dull.
This petition was endorsed by consdcra-
BILE number of citizens, many of them men
of prominence.
Upon receiving the application the Gov
ernor addressed the following communication
to Judge Guigon:
COMMONWEALTH OF VIRGINIA.
GOVERNORS OFFICE,
RICHMOND, Va, January 16, 1875.
My Dear Sir,-I take the liberty of enclo-
sing the papers connected with the applica-
ton of Dull for Communication of punishment,
and request that you will freely advise me
whether the ends of justice will be best pro.
Ny VI LuS SSu-
tenee.
Hastily and very respectfully yours,
j. l.. kEMrER.
Judge A. B. Guigon.
Judge Guigon's response to this note was
as follows:
RICHMOND, January 16, 1875.
Nv Dear TIN the case Of Dull the evi-
dence clearly showed that the prisoner was
the leader Of q gang Of swindlers, who made
it their business to entrap unwary persons
and by false pretences rob them of their
money it showed that there was no game OF
chance, as suggested in the petition, but Il
simple bold larceny that the case in which
the prisoner was convicted was not the only
one in which this nefarious pursuit had been
followed by bim and his confederates, but
that it was regular business, well known
to the detectives. who screened the perpe-
traitors by means of their official position.
The question whether the offence was q
misdemeanor or felony was fully presented
by the record to the Court Of Appeals, and
by them unanimously decided. They held,
upon the evidence, which was all before
them. that the prisoner was guilty Of being
present, aiding and abctting an actual lar
ceny. He was ably defended by distinguish
ed counsel be had in bis defence the aid
and countenance Of detectives, the gamblers,
and the small politicians Of our city; with all
this he was, without hesitation, convicted by
the jury. One of his confederates is now
serving out his term of five years impriSon-
ment in the penitentiary, and | know Of no
circumstance of mitigation in the case of the
prisoner which should prevent the fulfilment
of his lust sentence.
If this crime, which is prevalent 10 larger
cities, is not punished, and with severity, it
will soon find again q lOdgment in our CON-
munity, and any lenient dealing with this
man will be an inducement in that direction
| have heard but one plea made by bis
friends-viZ., that in addition 10 bis criminal
pursuit he was convenient instrument for
the perpelration of election frauds. That is,
no doubt, the reason why they have made
such efforts to prevent his punshment but
it is an additional reason, if any were needed,
why he should not be permitted to escape
the penalty of his crime.
The request made by you to communicate
freely my views of this application has left
me at liberty to 60 beyond the ordinary
statement made in such cases, and author
ICES me to say, in conclusion, that in my
opinion any pardon of this man, or mitiga-
tion of bis sentence at this time, would be
against the interest Of public justice.
Very respectfully, yours,
A. B. GCIGoN,
Judge Hastings Court.
His ErceIenry James L. Kemper, Governor.
Yesterday Governor Kemper refused to
interfere with the sentence Of the court, aud
Dull will accordingly be taken to the peni-
tentiary to-day to serve out the sentence
fixed by the jury who tried him.
Annual Meeting Of the Prison Reform
..a4Iar, Addr ossaS of nr E4inaS