Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-05-15
RETRIEVED FOR ONE MONTH.
Convicted on Cireumstantial Evidence
and Sentenced to be Hanged.


] L. p McCurdy, who was sentenced to b.
hanged in Lake county on June l. 1856
was yesterday reprieved by Governor
Stoneman 10 July ID. The information
upon which McCurdy was convicted
/ charged him with the murder of Chas. W
Dreher, in Lake county, July II, 1894
The evidence showed that the deceased
his twin brother, Fred Dreher, and Nc
Curdy met in Prescott, Arizona. June s.
1884. That they had a previous acduaint-
ance in Arizona; that McCurdy told the
Drehers that in 1864 he found evidences of
gold-bearing quartz ledge in Colusa
county, California. That McCurdy was
fifty-one years Of age, the Drehers twenty
eight. The theory Of the prosecution was,
that McCurdy, finding that the brothers had
quite sum OF money, conceived the idea
of enticing them to desolate place.
remote from human habitatiou, there to
murder them for their money that he had
never found evidences of ledge of gold
bearing quartz in the locality named.
and that be merely fabricated this tale
to induce the deceased and his brother 10
accompany him, that he might accomplish
his purpose The defense claims this posi-
ton TO be untenable, for McCurdy had
made such discovery and had told other
parties regarding it more than a year prior
to the time OF the homicide; and further.
that gold mine is now in successful oper-
alton within few miles of the scene of the
tragedy. The Drehers were Young. strong
and well-armed; McCurdy old, a cripple,
having lost his right hand, and without
weapons. The evidence at the trial was
conflicting Witness Dreher testified that
McCurdy and deceased left the camp on
the morning of the homicide in company.
McCurdy testified that Fred and Charles
w. Dreher left camp together on that oc-
casion, and that the latter never returned.
The theory of the defense is that the
brothers quarreled, and bad fight which
ended IN the death of Charles. Having
killed his brother, Fred conceived the
plan of casting suspicion upon McCurdv.
and for this purpose rifed the
pockets of deceased, taking therefrom
between three and four hundred dollars
and also the pistol. Fred was known to
have but about 5000 before the murder. but
few days afterwards, at Leesville. he was
found with $500, while McCurdv's wealth
consisted of only 50 cents. The fatal blows
received from pick, it is claimed, could
not, from the nature of the wounds, have
been made by a man who had but one arm,
and that the left. MoCurdy discovered the
body of the deceased, and openly charged
the brother with murder in the presence of
witnesses at Stanton's The brothers it
was known Were continually engaged in
chickering's, misunderstanding recrimina-
tons and disputes. On the other band. II
was proven that McCurdy's reputation was
that of quiet, peaceable man. upright and
honest in all his dealings. The evidence
was al circumstantial. The Judge, District
Attorney and county officials OF Lake conn
ty, together with nine of the jurors who
sat on the case. and large
number of prominent citizens, petitioned
the Governor to commute his sentence
OF death to imprisonment for life. One
learned jurist, who has carefully reviewed
the case, in letter 10 the Governor saws ::
" am free to confess that the Judgment of
twelve men, if unbiased, is formidable and
commands serious consideration. But
when they afterwards sign a petition, as
they have this, II suggests that they did not
have an abiding conviction when thew sub
scribed to their verdict, and that if they
did not, they must have been moved by
some exciting and preiudicial cause at tie
time, that in sober reflection has since con-
WINGED them of their error. In my opinion
the verdict, or rather death penalty, should
not be inflicted in this case The absolute
truth is not patent. or known, but time and
future developments may render it certain
and it cannot be said that the doomed man
may not be entirely vindca:ed There are
certainly such doubts in the case as would
move mercy to stay the hand of the execu-
toner"