The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-16


ODonnell, Ogden, Perkins, Richardson. Rob-
ertson, Sandiford, Stubbs, Sutton Texada,
Twitche!l, Wakefield, Wheeler, White, Young
and ZaGharie-29.
Against Pardon-Mr. Garland.
Absent Messrs Breaux, Dumont, Landry,
Mitchell, Stamps, and Steven-6.
The full pardon Of Lloyd Sullivan, convicted
before the First District Court for the parish
OF Orleans, of the crime Of entering store in
the day time with intent to steal, as contained
in executive communication of the twenty
third instant, was taken up.
On motion Of Mr.. White the Senate advised
and consented to this pardon by the following
vote:
For Pardon-Messrs. Allan, Boatner, Bry-
ant, Burch, Gage. Demas, Ducros, Ellis,
ODonnell, Ogden, Perkins, Richardson, Rob-
ertson, Sandford Stubbs, Sutton, Texada,
Twltchell, Wakefield, Wheeler, White, Young
and Zacharie--29.
Against Pardon Garland-1.
Absent Messrs. Breaux, Dumont, Landry,
Mitchell, Stamps and Steven--6
The full pardon Of John Cassimir, convicted
before the Fifteenth Judicial District Court sit
ting In and for the parish of Assumption, for
the crime Of wounding less than mayhem, as
contained in executive communication Of the
twenty third instant was taken up.
On motion of Mr.. Goode the Senate advised
and consented to this pardon by the follow
Ing vote:
For Pardon Messrs. Allan, .Boatner, Bry-
ant. Burch, Cage, Demas, Ducros. Ell lis Gar
land, George, ola, Goode, Grover, Harper,
Kelly, O'Donneli Ogden, Perkins, Richard
son 1Roberts9 Sol sandlt9rd stabbs Sutton,
Whitn YnIuU and ZHnhpriq- 30
Against Pardon-None.
Absent-M essrs Breaux, Dumont, Landry,
Mitchell, Stamps and Stevens.
The full pardon of James Kelly, convicted
before the Superior Criminal Court, parish of
Orleans, for the crime Of highway robbery,
as contained in executive communication OF
the twenty-third instant, was taken up.
On motion of Mr.. Kelly the Senate advised
and consented to this pardon by The follow
ing vote:
For Pardon,7Messsrs. Allain, Boatner, Bry-
ant. Bnrch, Cage, Demas, Ducros Ellis, Gar
land, George, ella, Goode, Grover, Harper.
Kelly, ODonnell, Ogden, Perkins, Richard-
son, Robertson, Sandiford, stubbs, Sutton,
Texada Twitchell. Wakefield Wheeler, White,
Young and Zacharie--30.
Against Pardon-None
Absent Messrs Breaux Dumont, Landry.
Mitchell, Stamps and Steven-6.
On motion of Mr.. Harper the Injunction OF
secrecy was removed from each and all OF the
| foregoing pardons and combinations of sen
tence, except that of r. Otto Moses, convict
| ed Of shooting with a dangerous weapon with
intent to commit the crime of murder.
| The following executive communication
was placed before the Senate:
.. EXECUTIVE DEPARTMENT. !
State Of Loui lana. !
New Orleans, January %, 1878.
| 70 the Honorable President and Members OF
the Senate:
l have the honor to submit to your honor
able body for your concurrence, q pardon
| granted by me during the recess Of the Gene
and convicted before the Second Judicial Dis
trict Court Of this State for the Sixth and
Seventh Districts Of the parish OF Orleans Of
having unlawfully, wickedly and feloniously
assaulted ass tie "a. and beaten Aaron Thornton
said court to pay q fine OF five hundred dol
| lars, and In default OF paying the same. to an
imprisonment Of fifteen months In the Parish
Prison OF said parish, and to pay the costs OF
the court, and to stand committed until paid.
The sentence OF the court was pronounced on
June az, 1877.
This case was placed before me on two
grounds. First, of absolute innocence, calling
for an absolute pardon; second, of excessive
guilt. have reached the conclusion that the
guilt of the party Is very doubtful; am in
clined to believe that he has been COMPOUNDED
with another person. This Is made to appear
before the District Court as witness on the
trial, and who has been represented to me to
be perfectly trustworthy. In addition to this
affidavit have had him before me. He in
forms me he is perfectly we'll acquainted with
Joseph Bitter; that he saw the whole affair,
and that Bitter 1.-THE father had nothing to do
with 1t. AS / have stated, am inclined to the
belief that this Is a case OF mistaken iden-
| tity,' but even II this were not SO, think the
party had at the time this pardon was
law. The crime charged was assault and
battery" and the party accused was recon-
mended to the mercy of the court.
1t is a very delicate matter for an executive
ment inflicted by, a judge, but in this particu-
lar case have Independently of the doubt
have of the guilt Of the partly inquired into
the facts which the Judge informed me were
| the basis Of his sentence, and this has been
explained to my satisfaction.
The failure OF, the Bitters to assist the &C
| cused when lying insensible is accounted for
| by the unwillingness OF some OF the bystand-
ers to allow any interference.
| have examined into the pecuniary cond-
| ton of the party, and do not find it such as
the District Judge believed 1t was. think he
was and would be utterly unable to pay the
| fine. / submit herewith the record Of the
| case, the petition and other documents, upon
which my action has been based.
Very respectfully,
| FRANCIS r. NICHOLS,
Governor of Louisiana.
| Mr.. White asked and obtained unanimous
consent to take up the pardon, at this time, OF
Joseph Bitter, convicted before the Second
Judicial Court Of this State for the Sixth and
Seventh Districts of the parish of Orleans, OF
having unlawfully, wickedly and feloniously
assaulted and beaten Aaron Thornton. And
| on his motion the Senate advised and con-
scented to this pardon by the following vote,
viz:
For Pardon = Messrs. Allan, Boatner,
| Bryant, Burch, Cage, Demas. Ducros, Ellis,
George, ella, Goode Grover, Harper, Kelly,
O'Donnell, Ogden, Perkins, Richardson, Rob
ertson, Sandiford, Stubs, Sutton, Texada,
T1xitchau Wakefield Wheeler Whita Young