Daily Los Angeles herald., 1879-08-28
vindication OF Judge Stephens in
tie Phelps Case.

EDITOR HERALD: Industrious
efforts being made to prejudice the
voters against Judge A. M. Ste
phens for his decision in the People
VS.. Phelps and the People vs.. AR
zaga, and being myself familiar
with the facts iD the former case as
attorney for Phelps, I deem it an
act of simple justice to make this
statement,
Phelps was indicted for stealing
and embezzling money as the prop
erty of George e. Long, assignee,
etc. A conviction for either of
fence would be in law a bar against
the other, and the punishment
would be confinement in the State
Prison not less than one nor more
than ten years. Phelps pleaded
guilty to the charge of embezzle-
ment. 1t thus became the duty of
the Judge to fix the time of impris.
onment. Considerable testimony
was introduced in mitigation, and
among other things it was shown
that Phelps had made good the
loss occasioned by his crime, even
to the extent of paying the detec-
tive expenses incurred in the mat
ter by Mr.. Long. This circum-
stance, Sec. 5l3 9. c. Cal, author
ICES the court to take into consider
alton in passing sentence, and the
Judge, in the exercise of the discre-
ton imposed upon him by law,
fixed the punishment at two years.
confinement in the State Prison.
Soon afterwards large number of
citizens of the county, embracing
gentlemen OF the highest character
and consideration, signed petit
tion to the Governor to grant him
pardon. Ia this petition they
said, among other things in his fa-
vor, that Phelps, up to the commis-
sion of the crime, had enjoyed an
absolutely untarnished reputation,
and had made record for Integrity
on which no doubt had ever been
thrown; that, although no positive
proof of his guilt had been obtained
and his conviction would be eX-
tremely doubtful, he voluntarily
made q full confession of the whole
transaction and made full restitu-
ton in money and property, and in
addition had paid Mr.. Long $2500
expended by him in his endeavors
to trace the money; that he had n
wife and young children; that his
constitution was very frail and his
health poor in the extreme, and
that long confinement would en-
danger his life.
This petition was signed by more
than sixty persons, many of them
distinguished for public and pri-
vate virtues. The first person to
sign it was George e. Long, the
injured party. The second was his
attorney, A. w. Hutton. Several
of the petitioners were members Of
the grand jury that found the in
dictment. Among the list were
the names of Hon. A. II. Judson,
Republican nominee for the Supe-
rior Judgeship, Hon. VIM. D.
Gould, Workingmen's nominee for
the same position, Hon. f. A. Mac
Dougall, Mayor, Hon. z. Beaudry,
ex-Mayor, and Ex-Governor John
G. Downey, who is President of the
Central Committee Of the New
Constitution Party, and one of the
leaders of that party in Southern
California. Gov. Colquitt, of
Georgia, also wrote very strong
letter to Gov. Irwin soliciting the
pardon of Phelps. The petition
was submitted to Judge Stephens
for his signature, but he declined
signing it, saying that he had al
ready considered the effect of the
mitigating circumstances in assess
ing the punishment.
The complaint now made against
him is that he ought not to be
elected because he assessed the
punishment too light; but the petit
tion, signed by this long array of
names, was based upon the idea
that under all the circumstances of
the case it was too heavy. And had
Judge stephens signed the petition
or in any manner indorsed it, 1
have good reason to know that
Phelps would be now free man.
STEPHEN M. WHITE.