Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-07-10

On the 22d day OF August, 1851 John
Lenox, a young blacksmith, had difficulty
at Newhall in Los Angeles county, with q
man by the name of D. Capetti During
the row Lenox was stabbed. Deceased
then fled. Leuox ran after him, picked up
a club, and when he overlook the deceased
struck him a blow over the head, which
killed him. LenoX was unarmed, while
deceased had Il knife, which he used The
defendant pleaded guilty to a charge Of
murder in the first degree, being assured
by his counsel that the sentence would not
be more than life imprisonment. The case
was appealed to the Supreme Court. but that
Court affirmed the judgment of the sentence
of death. Justice Myrick delivering the
opinion. Justices Thornton and Sharpstein
cOncuring. The Governor was immcdi.
ately appealed to by citizens of Los Angeles
county, asking him to commute the SEN
tence to imprisonment for life
The Judge who passed the sentence,
Henry NJ. Smith, in letter to the Gov
crnor. saws &C. am satisfied that Young
LenOX bore good character prior to this
murder and that this act was, to u great
extent, directly attributable TO strong
drink His father is a most estimable citi-
zen | felt it my duty, under the law, 20
impose the death penalty, and still feel
that | was right in the view | took. TO
your Excellency belongs the prerogatiye Of
mercy; 10 me il was excluded
The Assistant District Attorney, J. B.
lIalloway, says: | think that the ends of
Justice viii be amply met if you win ex-
ercise the clemency given you by The law
of this State and commute the sentence of
the young man TO Imprisonment for life or
Il term of years, rs your judgment may die
tate. am i strong advocate Of UphOlding
the majesty OF he law, and | have equally
strong convictions that every person before
being deprived of his life should have
a fair and impartial trial by jury
Of his peers. This is case, in
my judgment, that calls upon you
for the exercise of sucn mercy as IL your
station belongs In behalf of Justice, in
behalf of humanity and mercy, in behalf
of the aged father of the condemned Young
man. in behalf of his aged mother, and his
Young brothers and sisters, l call upon YOU
to consider well the cause of the young
man, and temper your determination with
mercy. The case of young Lenox is only
one of fnineteen-twentieths of the hOmicid IS
committed in our country caused by
liquor. | hope the life Of the yeung man
may be spared
The Governor Yesterday morning acceded
to their request as follows:
- Whereas, at the September term, A. d.
1854, of the Superior Court, held il and for
the county of Los Angeles, John l.enox
pleaded guilty to the crime of murder in
the first degree, ard was sentenced there
upon to be executed at some day not vet
fixed by the Court and whereas petition
has been made to me that the said
Lenox does not belong TO the criminal
class, was Il Woodworking and peaceable
mechanic prior to his crime, committed the
act while erazed with liquor, pleaded guilty
upon the belief and assurance of his coun-
sci that he would be sentenced 10 life
Imprisonment; has never been tried by a
jury and that there IS good reason to be
heve, under all the circumstances, that
jury would not have caused his execution.
Now, therefore, by virtue of the authority
in me vested by the Constitution and laws
of California, |, George Stoneman, Governor
of California, hereby commute the sentence
OF said Lenox 10 imprisonment at the State
Prison at Folsom for the remainder Of his
natural life