Sacramento daily record-union., 1888-09-17
THE INYO MURDER.
a Stay to the Execution OF W. T. G.
Elliott at Independence


on the Baker Ranch two miles from Big
Pine, in Inyo county. 1t appears that two
years ago Elliott married widow lady, the
niece of the deceased. Their married life
was an unhappy one and about year ago
they were divorced. Elliott occupied
cabin on the ranch, and it appears White,
who was looking after his niece's interest
was endeaYoring to induce Elliott to leave
and they On one occasion, when the woman
was present, came to blows. One morn
ing White went to E'liotts cabin and the
latter says he burst in the door and ex-
claimed Il am goingto kill you" Defend
ant in his testimony said he at the tinfe
was cutting some bacon with a large
butcher knife, and thinking that White
meant to carry his threat into execution
then and there plunged the weapon into
Whites body. 1t was a fatal thrust. El-
lott proceeded Immediately to the field
where man was plowlng, told the latter
that he had stabbed White, and going to
the nearest telegraph Office sent a message
to the Sheriff stating what he had done and
giving himself up to the operator He was
tried, found guilty of murder in the first
degree and sentenced to be hanged on the
2lst Of this month, next Friday.
In this connection, the following CORE
spondenee viii prove OF interest to many
and shows with what dispatch business in
the Governors office is transacted:
RENO CWashoe county,, Sept. IS, 1SSs.
HIS EIcettency R. ". Waterman, GouerR0r-
DEAR SIR: |, the undersigned, aud the Hon.
John r. Kttren, of Modesto, from July 10th to
July 24th, in the Superior Court of Inyo Califor-
mia, Judge John A. Hannah presiding de-
Tended W. T. C. Elliott for the alleged murder
OF J. b. White. He was, as we believe. against
law and evidence convicted of murder in the
fist degree and sentenced to be hanged. We
nave, by extension of time granted by Judge
OF the supreme Court of your State, until Uc-
tober Sth in which to prepare bill of eXcer-
tons involving all the testimony in the case.
We are industriously preparing it. The judg-
ment was rendered July oath. On the 10th or
lth inst. less than sixty days after judgment
rendered. filed in the Clerks office of Inyo
county a motion of appeal from the order of
Court overru ling our motion Tor new trial. also
| motion OF appeal from the judgment in the case.
On the same day we served the notice of appeal
| on the District Attorney and also on another at
torney who appeared for and assisted in the
prosecution.
Under Section 1887 of the Penal Code we had
right to appeal from the Judgment and order
denying our motion for Il new trial.
Under Section 1888 we had one year on judg-
ment and sixty days on order denying new
trial in which to appeal We are fully within
the shortest limit.
Section 1910 defines that an appeal is taken by
filing and serving notice of appeal.
Supreme Court from a judgment of conviction
stays the execution OF the Judgment in all capi-
tai cases.
Our trouble in this case is that living so far
distant from Independence, Inyo county, at
Reno, Kittrell at Modesto, i'll your State-we
cannot be there to confront any technical solo
| clSms that are fallen into by the Judge and
officers OF the Court who indulge in that rural
astuteness that grasps at an imagined tech
| nlcallty and disregs srds the fundamental ele-
ments of law.
.I.e
OF This notice OF appeal, though informed of the
tact that Judge Sharpsten had granted until
October Sth i'll which TO file our bill of ex-
ceptions, upon which our appeal in a great
degree rests, though aware of our intent to ap-
peal this case in all good faith, called the de
fendant into Court i'll the absence of his counsel
and issued warrant f5r his execution on the
2lst day of this month. To-day | received q
letter from the defendant and from A. J. John
son, his nephew, now there with him. inform
ing me that the Judge stated to the nephew that
unless an order came from your EXcellency to
stay the execution, now only eight days distant
until the fatal day arrives, that Elliott would
have to swing-that is, be hanged and cleared
afterwards.
Now, have examined behring's annotative
Penal Code, volume f. of his publication con-
tanning all the laws to close of twenty-sixth ses-
sion OF the Legislature of 1885 l cannot find
any possible reason why your Excelleucv's
authority should be called into action in this or
any other capital case, where an appeal is
sought to be taken, or has been taken to sus-
pend a Judgment or warrant. / have examined
while there the Acts Of your State for 1887 aud
saw therein no rule requiring application to
pardoning or suspeuding power as Governor to
stay or suspend proceedings TO execute n SEN
tence IN & capital case; II Is not in consonance
wltht legal proceedings that it should
be so. The first paragraph IN Section 1913
OF the Penal Code seems entirely Couclu-
sive of the defendants rights in the premises.
have not the statutes of your state for 1887 here
| to examine, so | cannot swear that your Excel
| leney has not some duty TO perform in staying
such Judgment. do not SO believe for Il nc
ment but II you have, il is q duty that Won
must have performed on the appeal in every
capital case that has come before the Snpreme e
! Court since your accession to your present high
and responsible office, and your honor must be
perfectly aware of your duty in the premises
| and upon what precedent testimony is required
| to secure your action. If any, it must be based
| on certificate of the Clerk that notice of ap-
peal has been filed. If such be the practice |
| ask your EXcellency to telegraph, or cause your
Secretary to telegraph, to the Clerk of inyo
county, or to me, to send such evidence
fit be as / am confident the law is that the
| filing and service of the notice of appeal does
! stay or suspend the execution of Il capital of
fense, then ask your Excellency to telegraph
Judge John A. Hannah. or to P. II. Mack, the
Clerk, that the appeal does stay the execution
and that no executive order is needed in the
premises There are only three mails a week
between here and independence the trains are
as rule away behind their schedule time and
If q letter were written there and deposited in
the mails at once on receipt of this it might be
too late, and it is hard to unhang a man. be he
ever so innocent, as l solemnly believe this
man is.
have written to the Judge. quoted and cited
the statutes did SO to the Shorthand Clerk before
when | sent the notice. Therefore, p ay your
Excelency 10 take such instant steps of advice
or direction as will preserve this man to hear
the ultimate determination of his appeal and to
apprise me of your action, as l Will feel like an
| accessory to a murder until | hear that the
voice of the law is heard and needed. ! have
the honor 10 be your obedient servant,
TIos E. HAYDEN.