Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-06-22
I1ZzA F. FRENCH.
Efforts to Have His Death Sentence Com
Inutfn.


the murderer that his counsel claimed he
could not have fair and impartial trial in
Amador, and a change of venue was OBJ
tanned TO San Joaquin county. After a
trial of one weeks duration he was found
guilty of murder in the first degree and
| sentenced to be hanged. The day OF exc
| cution is set for June 29th-One week from
! today. From the evidence on lille with
the Governor it appears that the murder
| was committed as follows: french was
| sitting in front Of a saloon in Oleta with a
| shotgun in his hands. Wells, who had
come to town to do some trading, came up
| on the opposite side of the street, accom-
panied by his little son, when French
called out to him to stop, saying: You =
= =, I've got the drop on you now you
] once had ii on me-" Wells pleaded with
| him not to snoot, that he was mistaken.
French repeated the oaths, saying be
| would kill him, ordered woman who was
! near window back of Wells to get out of
range of the gun, and commanded by
stander to take two little girls away who
were in the street in range, then dellber-
| ately raised his gun and fired. Seven
| buckshot entered post behind which
| Wells tried to conceal himself, while one
| of them passed through his brain, when he
|
| bulldog pistol was found in each of the
| outside coat pockets of deceased, and de-
PENDANT testified that they We're bought for
| and intended for him, and an attempt on
| his life was momentarily expected. These
| threats and demonstrations were testified
| to by the defendant but were unsup-
| ported by any of the other witnesses.
Several eye witnesses testified to the shoot
| ing. Frenchs relatives are numerous
| family in AmadOr county, and they have
| spared neither money nor influence to de-
fend him. His counsel are amongst the
| ablest criminal lawyers in the State. They
tried to obtain a new trial. and failed.
| They took the case to the Supreme Court,
and the decision of the lower Court was
| affirmed. A rehearing before the Supreme
| Court was granted but with the same re-
| suit. Nothing more was left but to appeal
TO the Executive for clemency, and a strong
| appeal was yesterday made to the Gov
| ernor to commute the death sentence to
| imprisonment for life. ]. c. Campbell, an
| attorney from Stockton, appeared on be-
| half of the condemned man, and made an
! eloquent appeal for mercy. He said French
was old and a confirmed cripple, and if
executed it would be the first instance on
record where an individual had stood up
| on crutches to be hanged. He reviewed
| the case most thoroughly, claiming that
| the jury brought in verdict of murder in
| the first degree without a recommendation
| for mercy or fixing the penalty, under
misapprehension of the law. He presented
petition, signed by several hundred resi-
dents of Amador and San Joaquin counties,
which was headed as follows:
George Stonemdn, Gorenor We, the under
signed citizens of the counties of Amador and
san joaquin, most respectfully request your
EXcellency to commute the sentence of UzZa f.
French, who was convicted of murder in the
first degree by the Superior Court OF San Joa-
by said Court sentenced to suffer death and we
ask that such sentence be committed to that of
imprisonment for life for the following reasons
First-That said French is now old and
cripple for life
Second-That we do not believe that the evil
dence in the case justified the inhiction of the
death penalty.
Third-That the jury who rendered the YER
dict in the case rendered verdict of guilty
ofmurder in the first degree y and we are now
informed that the jury were not aware of the
effect of their verdict that is that by rendering
said verdict that the defendant must be hanged:
but that when rendering said verdict the jury
thought that the Court had the power to SEN
tence the defendant to Imprisonment for life,
and that it was under such Misrepresentation
that the verdict was rendered.
Mr.. Campbell also read the following
letter from the Judge before whom the case
was tried:
STOCKTON, June is, 1856.
To His ErcelieRcy, George St0NemdR, GoreIpOr
Mr. Campbell informs me that the application
of UZza +. French, for pardon, will be heard
before your EXcellency tomorrow. At the
time passed upon the defendants motion for
new trial, regretted that under the law the
Court had no discretion as to the penalty which
should be imposed on the verdict, which was
silent as to the penalty. stated then that in
the event of an atirmance of the judgment by
the Supreme Court, should give him (Frenehl
the benefit of the then condition OF my mind
by stating the fact to the Governor now beg
leave to fulfill my promise, and to say further
that have never changed my opinion, either
as to what discretion the law ought 10 elothe
the Court with in such cases, nor as to how the
Court would have exercised it under all the cir
cumstances i'll this particular case. DO not de-
sire to be understood as intimatlng that the
Jury did wrong in not specifying the penalty,
nor that they are mistaken as to any mitigating
circumstances, or that the defendant does not
deserve death but do want to say, distinctly,
that under all the circumstances of the case l
would have fixed the penalty at imprisonment
for life if / had had the power so to do, would
do so to-day if l could and hope that your EX-
cellency will see your way clear to commute the
sentence prayed for, and l shall ever remain,
your humble servant, A. VAN R. PATTERSON.
W. J. MeGee, District Attorney of Anna
dor county, by order of the Board of Su-
pervisors of that county, appeared before
the Governor in opposition to the granting
of the Communication. His argument was
even-handed Justice should be dealt out
alike to the dead and the living. The kill
| ing of Wells in Oleta, or Fiddletown, as it
was formerly called, was beyond any ques-
| ton of doubt a cold-blooded, premeditated,
| unprovoked and willful murder. He did
not appear before the Governor asking
| that the hand of the executioner should
| be permitted to do its work through
malice or desire for revenge.
| His position was unfortunate; he had
a duty to perform. French had received
| all the mercy that he could reasonably ex-
| pect He had able counsel, q fair and i'm
| partial trial before Il jury of his peers he
| had been found guilty as charged; had
| been sentenced to be hanged, and the de-
| cree of the Court should be executed. No
mercy had been shown Wells, when he
| begged French not to shoot. He was shot
down upon the street his soul sent into
| the presence of his Maker without mo-
ment for prayer French has had nearly
| three years to prepare for the awful doom
| that awaits him. He said if this matter is
| to be decided on sympathy, then let that
| sympathy be accorded alike TO the dead
| and the living. Yes, let us go to that lone
| and lonely churchyard, of the little village
| of Oleta, ard there, standing by the grave
of that poor old gray-haired man, Peter
| Wells unmarked by a monument and
adorned by single flower, placed there by
! loving hands. mark of love and affection,
| with the evidence of this mans guilt in
| one hand, let us with the other write this
| verdict of sympathy. Whenever we will
have done this, public justice will have
been satisfied, and broken law fully vim
dicated. He exhibited petition signed by
twenty-seyen out of the thirty-three bust
ness men in the town of Oleta asking the
Governor not to interfere.
John A. Eagan, of Jackson, OF counsel
for defendant, also addressed the Governor
at some length, reviewing the ground went
over by Mr. MCGEE, claiming that popular
sentiment was not so much against French
i in Amador county as it had been repre-
scented to be. OF the names signed 10 the
petition presented by MCGEE from 0leta
there were buttwo or three business men
in the entire lot. He thought all the Gov
ernor should consider was the statement OF
the nine Jurors and the letter of Judge Pat
terson.
| After some further remarks, which took
up the entire afternoon, the Governor took
the matter under Amusement.
THE lists of daily arrivals at the Palace
Hotel, San Francisco ratiiies the wisdom
of the new management of that famous
hotel when it concluded to set apart num-
Der of rooms for transient patrons at a
~Vaw r.c