Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-12-03
PARDONED FROM PRISON.
Two Persons Sentenced for Murde
Given Their Freedom.

Two Persons Sentenced for Murder
Given Their Freedom.
The Governor granted a pardon yester-
day to Dennis O'Neil, convicted in San
Francisco in November, 1888, of murder in
the second degree and sentenced to twenty
years imprisonment. The Executive says:
"O'Neil was convicted on the testimony
of his son, lad of II years of age, who
was the only person present at the time of
the trouble and the ouly witness produced
at the trial. At the time he gave his testi.
mony he had never been instructed as TO
the sanctity of an oath and was in reality
il perfect Ignorance of the effect his story
would have when told in Court. He hau
been under the influence of his fathers
enemies and was instructed to state in his
testimony that his father struck the de.
CEASED, who was his {the peiitione,'s) wife,
with lighted lamp; that the la mp ex-
ploded, set fire to her clothing AMI the in
juries thus received resulted in her dea'h.
Since the trial and conviction, that is to
say, on the 7th day of February, 1889, six
years later, this son makes affidavit. to the
effect that on the trial the story he told was
false; that he had BEEN instructed to make
false statement and that he did not then
, understand what would be the unhappy re-
suit of his testimony. He now affirms
that his father did not strike the deceased
with the lamp, but the lamp accidentally
exploded and as soon as his father saw that
the clothing of the deceased was on fire, he
gathered up some bad clothes lying near at
hand and endeavofed to extinguish the
flames.
II am of the opinion that the story of
the boy of Is is more worthy of belief than
that of the boy of H. especially as the lat
ter had been unduly influenced to his
fathers prejudice. O'Neil's release is re-
quested by ]. D. Sullivan, ex- District At
torney, who prosecuted the case; L. and E.
Emanuel, his former employers, who GER
tifY 10 his excellent character prior to his
trouble; Franklin P. Bull, R. II. Ricketts,,
j. n. E. Wilson, 4. J. Rhodes, Abner Doble
and many other citizens Of San Francisco
H. GALLAGHER's CRIME.
The Governor also pardoned from the
State Prison II. Gallagher, who was con-
victed of murder il the first degree in
Placer county in February, 1880, and SEN
fenced to life imprisonment. The reasons
given are as follows:
"Gallagher's crime was the result of a
| contest over piece OF Government land
He had taken up a homestead and had
| been living on it for some time, when one
| Theodore Wilson put in an appearance
and claimed The land, avering that Gala
CHER had not properly filed up N it. Gal
lagher refused to vacate and 10 the course
of time Wilson grew abusive and on divers
occasions threatend Galagher's life. The
latter claims that the killing was done in
defense of his life and property, and only
when he was driven 10 extremes by the
conduct of Wilson.
This statement is vouched fer and in
dorsed by hundreds of the citizens OF
Placer county, who claim that Gallagher's
crime in its worst aspect could not be re-
| garded as greater than manslaughter, and
that the imprisonment he has already suf.
fered is sufficient vindication of the law
His reputation pri to this trouble was
that Of peaceful, laE-abiding and re-
| spected citizen. The time he has been i'm.
pr soned-ten years, including credits
earned-I consider ample punishment and
l think him entitled to his liberty"