Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-11-07
THE SIDE OF MERCY.
Judge Van Fleets Appeal on Behalf of
Arthur january.

Judge Van Fleets Appeal on Behalf of
Arthur January.
Superior Judge Van Fleet of this city has
written TO Governor Waterman the follow
ing letter, giving his reasons for asking that
Arthur d. January be pardoned from the
State Prison. 1t will be remembered that
January was convicted of embezzling funds
from the State Treasury. His health was
poor when sent there, and it is said that
unless pardoned he will soon die of con-
sumption. Judge Van Fleets letter reads:
CHAMBERS OF SUPERIOR COURT,
DEPARTMENT No 2,
SACRAMENTO, Cal, October 10. 1889
To His E5celIency Il. ". Waterman, Governor OF
Cdlifornid-MY DEAR SIR: desire to join in the
application about to be made to your Excellency
for executive clemency in behalf of Arthur d.
January, sentenced by me to state Prison for
embeZzlemeDt, and now serving his term at San
Quentin. While young January has served but
the smaller portion of his term, he has am
led to believe, suffered greater punishment since
his conviction than would usually result from
an imprisonment for the length of mis- entire
sentences punishment greater perhaps be-
cause inflicted largely from q source higher
than any mere human tribunal. He was con-
victed in April 1885, and thereafter an appeal
was taken to the Supreme Court, but owing TO
various causes the case was not determined
until september, 1893. a period OF over three
years, and during the great portion of this in
teryal January was confined In the County Jail
A few months after his conviction his Young
wife, whose health, it is said had been greatly
impaired by distress over her husbands dis
grace, sickened and died under very sad circunn-
stances, in a distant part of the State and with
out January having an opportunity TO visit or
see her before her death. This very distressing
event produced deep effect upon him. and he
appeared from that time to suffer the greatest
mental anguish and sorrow, mingled with a
keen sense of remorse for his unfortunate act
had at this time frequent opportunity to OBJ
serve him, and while Heretofore he had as
sumed an air of careless indifference to his
situation, from the time Of his wife's death he
became changed man and, / am satisfied
deeply repentant OF the cause of his disgrace
and sorrow. His health seemed to fail from this
time, and it soon developed that he was suffer
ing from consump tion in an acute form. Upon
a showing of this fact and that he could not
live long IN the close confinement of the county
Jail, / ADMITTED him to bail during the further
tendency of his appeal. Upon his liberation he
gave evidence of disposition to retrieve him
self by Immediately securing employment at
his calling, which he held until shortly before
his judgment was confirmed. Since his removal
10 the State Prison am informed that he has
conducted himself in every respect in a subor-
dinate and commendable manner; that he is
now great sufferer from his malady, and that
he cannot long survive his confinement. Under
these circumstances l am of the opinion that
the ends of justice have been in this instance
fully observed. and that this unfortunate man
worthy subject IOr executive Indulgence.
His ofense, the history of which / need not re-
peat, was grave one, it is true, and, no miti-
eating fact appearing at the time, merited Sc
we're punishment. But had the circumstances
which have stated transpired prior to his SEN
tence should have certainly taken them into
consideration, as l would have been justified IN
doing, and given him much lighter sentence
Combining the period of his confinement in the
county jail with the length of time he has been
in the State Prison, and January has served
term OF about five years, including credits, and
this it would seem, coupled with tho mental
pain and suffering he has undergone, and the
physical condition to which he has been
brought. should be sufficient to justify the ends
of justice.
The law seeks vindication only, never ven
geance, and the first, 1t SENS TO me, has been
fully attained in this case. 1t is because ! sin
cerelv believe this that ! have departed from
my usual habit in such matters to intercede
with you in his behalf. am fully in accord
with your Excellency in the attitude you have
consistently maintained in The exercise of this
most important function of the Executive. The
pardoning power is a sacred one, and should
never be lightly or unfortunately dispensed
but nevertheless IL is q power that has been
granted by the Constitution for purpose and
that purpose | conceive to be its application
when invoked in proper case. Believing
January's case to be such an one earnestly re-
quest your Excellency to either grant him a
pardon or such Communication as will result in
his early release from confinement. ! have q
firm conviction that, if permitted to return to
his family, he will devote the few years that
may remain TO him in an earnest endeaYor to re.
gain the ground he has lost in the good opinion
of the world.
Sincerely trusting that you may find it con-
Eistent with your duty to act favorably upon this
appeal, have the honor to be, dear sir your
obedient servant, w. G. VAN FLEET.