The record-union., 1892-02-10
PRISON, OR REFORM SCHOOL !?
A Question as to the Proper Place
for Lewis Bates.
There is Now Dispute Over His Age
Since He Was Pardoned Out
of the Prison.

1t is now claimed, and the subject has
been discussed in some of the newspapers
of Stanislaus County and San Francisco,
that Lewis Bates, the boy whom Gov
ernor Markham pardoned a few days
ago, should not have been released. The
Governor gave as his reason for granting
the pardon that the boy was not IA years
of age at the time he committed the
crime, and the law did not permit of his
incarceration in a penitentiary.
Private Secretary Higgins stated to a
RECORD-UNIoN reporter yesterday that
the Governor relied upon statements
of the father of the boy and of Senator
Heacock of Santa Barbara in regard to
the age of the boy. In granting the par
don he also directed that the boy be re-
quired to serve the remainder of his
term in the Reform School at Whittier.
The following letter received by Mr.
Higgins from the District Attorney of
StanislauS County recites some interest
ing features of the case:
MODESTO, February 8, 1892
II. II. Higgins, Erecutire Department, Sac
rdnlelltO-DEAR SIR: Your letter OF the 9TH
instant in reference to the boy Lewis Bates
has received due consideration. l have no
desire to cause the father any cost or trouble
and therefore waive the notice required to be
served on me. In view of the fact that there
has been so much said about the now ceIe-
brated case, it might not be improper at this
time TO state the condition of affairs that We're
presented at the time judgment was rendered.
Before sentencing the boy the Judge exam
ined the law carefully and determined that
the boy could not be sent to the Whittier Re-
form School, lie being-as ii was admitted and
commonly undersiood-over the age of l6
years. The attorney who represented Bates
was cogniZant of the fact that the Judge had
J examined the law, and even examined it him
self, and was fully aware that the reason his
client was sentenced to San Quentin, instead
of the Reform School, was that he was over
the age of g years. When sentence was pro-
nounced no objection was entered and no sug-
gestion made that the defendant was under
! ! 6 years ofage. If anything of the kind had
been suggested to the Judge or myself "a more
thorough investigation would certainly have
followed 1.-The Is under the age of j 6 he evil
IDENTIFY deceived his attorney, well as quite
q number of Others here. the Judge says that
the attorney stated TO him, pIior to the pass
ing of sentence, and after an examination of
| the law had been made, that Bates was / 8
years old. When first arrested Bates told
Amos Lander, the Under Sheriff, and Thomas
O'Donnell, Constable, that he was l z wears
of age. This was before any mention was
made of the Whittier School, and at % time
when he would have no object in telling q
falsehOOd. There IS also q boy here who was
with him some three years aco, when they
were travelling together as tramp boot
blacks who says Bates is between Z and l 8
am satisfied from the investigation made
prior to and since tie judgment of the court
that Bates is at least IL years old. can as
sure you that the matter was not arbitrarily
passed upon by the court and without MAX
ing the proper and necessary investigation to
ascertain the age of the boy.
Everything was done that could reasonably
be expected under the circum stances, and, in
view of the fact that the boy was represented
by an attorney who was supposed to know
the age of the boy, feel that the action of the
Judge in passing sentence is not subject to the
slightest criticism. The boy is evidently a
very bad boy, and is certainly more advanced
in criminal career than could be expected of
boy under / 4 years. 1t is believed by the
officers here that it was he who planned the
burglary, or it was he who was the principal
actor in it. The other boy, while some older
in years, is not generally believed here to be
half the equal of Bates in planning and exc
cutting crimes.
have made the above statements so that the
matter might be better understood than it
seems to have been heretofore. Yours very
truly, l.. w. FULKERTH
District Attorney