Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-11-15
EXECUTIVE CIEHEHcY.
SUCCESSFULLY INVOKED IN BEHALF
OF SEVERAL PRISONERS.
A Review of the Leading Facts of the
Clark-Wainwright Tragedy by
Judge Mcfarland.

The Governor did brisk business in the
pardon line yesterday. He directed that
four persons be discharged from prison,
and also COMMITTED the sentences of two
others, one of whom is c. R. Clark, who in
1885 killed a man named Wainwright
who had married his (Clark's) divorced
wife.
Governor Waterman, in giving his rea-
sons for committing Clark's sentence from
life imprisonment to ten years. stated that
ne had received letters from A. L. Hart, ].
7. Carey and other lawyers engaged on
either side of the case, favoring the appli-
cation, and also statement from Judge 7.
B. McFarland. who was presiding Judge
at the time Of Clark's conviction and
passed sentence upon him. Inasmuch as
the letter of Judge Mcfarland embodies
the chief facts. connected with tragedy
which caused considerable stir al the time
but has now been almost forgotten-it is
given below. The Judge wrote:
Mr.. Clark was tried before me while Superior
Judge of Sacramento, some four or FIVE years
ago and was convicted of murder for shooting
married Clark WIFE, While as a Judge Iwould
not have been warranted in granting new
trial on the grounds that the evidence did not
justify the verdict, still l confess doubts OF
C ark's guilt. There was, however, substar-
tial conflict of evidence. and in such case,
where no error of law has been committed,
neither trial Court nor an appellate Court can
set aside verdict without plain usurpation OF
power. Clark was Woodworking and respect
able man; was not of the criminal classes and
had always borne a good reputation
He had at one time been opposed to the mar
ringe of his sister-in-law with wainwright, but
he seems to have become reconciled to it and
assisted at the marriage ceremony and cJntiib-
uted to its expense.
On the day after the wedding q think it was
the next day. Clark entered his own room, in
and his bride and one or two others. He t, sti-
fled that he had been cleaning his pistol, which
he usually Kept in box In corner
of the room opposite the door at
which he entered. After he entered
the room he took out his pistol, with the inten-
ton, as he said OF putting the pistol in the box.
He certainly, at that time, did not point the pis-
tol, o. make any hostile dem onstration toward
any one. He walked past Wainwright, who sat
near the door. but when he took out the pistol
Mrs. Wainwright became alarmed, and, utter
ing scream. jumped through window aud on
to the veranda.
Wainwright then suddenly approached Clark
from behind, seized him, and quick fierce
struggle ensued between them. During this
struggle the pistol was DISCHARGED and Vain
wright was killed.
Clark said that the sudden attack of Vain.
wright from the rear confused and dazed him,
and that IN his eDdeavor to protect himself from
an assault which he did not fully understand
the pistol being in his hand at the time of the
attack, went off accidentally.
AT all events, it always seemed doubtful to me
If there was any intent to kill or if the elements
OF murder appeared in the affsir.
earnestly hope that the application may re-
ceive the favorable consideration OF your Ex-
celienoy.
THE OTHER CASES.
Hugh Curant, who was convicted of rob.
berry n Sierra county in 1886, and SEN
tened to 40 years imprisonment, was
granted pardon because the Governor be.
lieved him innocent-one of the best rea.
sons that could be advanced
Archie Flavinger was last wear convicted
of harglery in The second degree in Shasta
and sentenced to four years. The evidence
against him was circumstantial, the guilty
parties have since been found, and Flavin.
ger was innocent. Hence his pardon.
Charles Fitzgerald was convicted of rob
berry in Santa Clara in 1889, and went W
for two years. TIE real culprit has since
made sffidavit that Fitzgerald was limo
cent, and it appears that this was another
case OF somebody must be convicted
The Governor very properly orders his
pardon.
Edward Jones was sentenced to $50 day:
in August last for having visited house Of
i'll fame in San Francisco. This was such
a fragrant assault upon the rights and priv.
ileges of an American youth that he hao
no trouble in securing any number Of
names to his petition for pardon. The
Governor, in granting his prayer, says
The circumstances attending Jones
trouble have been fully explained to me
and l consider him entitled to clemency. ,
The ten years sentence of Thomas Ian
gan, for manslaughter, committed in Sar
Francisco in 1889, was reduced to five
years.