The morning call., 1892-08-11
THE DEADLY MOOSE IS NEAR.
NcNnIty. Collins Murderer, May
Not Hang To- Morrow.
His Cheerful Conduct in the County Jail-The
Poss biity Of R,prieve From the
Governor

Following is the full text of the decision
OF Governor Markham relative to the ap-
piication for Communication In the case of
John McNulty, who is sentenced TO be
hanged at noon Tomorrow for the shooting
and killing of John Collins in this city four
years age:
SACRAMENTO Aug. 1O.-I have after mature
deHheraii0u determined not TO interfere In the
execution of thls sentence. 4 very careful! Pc
Tusal aud examination OF he evidence as taken BY
sjenographer al the Trial OF THIS ease c0nYiHcrB
ne that Tie Judge who preslsed acted al an
times IN an impartial manHef; that hcNulIy
was ably defended by counsel anG that as a re-
suit he Lad fair trial.
Tie SUPREME Court, IN their decision in this
case, rendered December u, 1891. SAYS: We
have already determined that tile judgment ia
ihlSease Is free from errors; that appellant was
duly and legally sentenced 10 ole according To
The law of Tie land. rs II existed at the dale OF
The Judgment aud at the date OF the murder"
The petition for his pardon states that tie con-
sequ uces impending for the prisoner flow from
aH almost equal division of the highest court In
the State IN session rendered upon the rehearing
of The appeal, and that his discharge was only
prevented by four out 81 seven Judges presid-
lng in The court. But this 10 The general
public is misleading. as TIE judgment OF The
court WAS upon the effect OF certain amendments
TO the Penal Code enacted by the last Legislature
changing the method and time for executing The
capital sentence, tile result being. as claimed.
THAI IN consequence OF blunder OF the LegiSla-
lure lie and all others III his Situation must go
Tree OF all punishment
The learned Judge VINO wrote the uectSlOn re-
fered TO lays that they were called upon in that
case 10 decide upon The effect OF The legislat on
referred 10. whether cautal run ~hment can
lie Inflicted IA aBY case, however air0-
Ci0us. committed prior 10 May 80. 1891.
aud whether any punishment can b. Inflicted in
case IKE this From his statement Ii Is Clearly
seen that lie court did not pass upon the evil
de1lce or, in fact upon any question ex-
cept that pertaining TO the time and
method OF me execution. therefore am
not aIdeG by that OpintUn in any way in arriving
Al a conclusion as 10 my duty in the matter.
Prior 10 the conviction OF one accused of crime,
lie Is always presumed 10 be innocent. hut after
d Jury have decided that the accused Is guilty
and the court has refused Z new trial and has
passed senteRce, the presumption necessarily
changes, aud, therefore, good cause mast be
given on which ~ base any favorable action.
Tie defense maze IA tits cas- IS thai Of lnsan-
NY which II is claimed. is hereditary and = re-
curIeHce OF when al MS Tine was induced by
lie abuse he bad received upon tile previous
day. An exhaustive examination OF he evidence
ConVlnees me- that the Jurors were justified In
lie opinion thai he was not insane at the time be
commIted tie mutGet, and from Vety reliable
Soute- am convinced thar lie has not shown
any Signs Of INSANITY during his lorg i1carceTa-
ton u over -FOUR years aud certainly II man
were ever iusoBe. Il seems to me that Z would
man fest Itself under such circumstances.
While | ful edlsZe and appreciate the kind
ness OF heart with which The good reopie @no
signed the petition wee actuated. and fully I'M
drr>tapd tile deep sympathy which impels them
10 tber action n tie case Of such poor uEIOrtu-
Dale a McNuiIy. and While L am personally al
ways dee0y affected ID Tie same way. Yet, as
tilE cA1ttttfc q tHtS NAdtts am 4oEEtA 10 Liie
conclusion mat it IS The dellbefsI' judgment OF
TNe people Fhat a crime of thi< character should
he punished by death. Not only as a matter of
lusiice should IJuiSbHeut be melted out 10 offend
ers. bur Ia The hopes that may deter others from
committing sucu atrOclOUs crimes. Such has
be n the iaw OF his State for nearly 90 years
and ] ind disposition the part Of the
PEOPLE 10 nave II changed. | therefore believe iL
my duty 30 Sge that The VIII OF the people is
eNrcu ed In all eases where, in my judgment. a
criminal has been duly aud legally convicted.
aud where no new facts are brought 10 my aiten-
ton which, II they bad been before the Jury,
might have Influenced their verdict.
Believing as | 90 that the petitioner has bad a
fslr, impartial trial. and nothing having been
present 10 me which was not before the Jury
Which 10 my Judgment would have mfiuenc II
their verdict 10 This case. decline TO interior Q
IN The judgment and sentence OF the curt.