The record-union., 1892-08-11
M'NULTY MUST HANG.
Governor Markham Declines to Inter-
fere in the Case.
He Says ALI the Facts Were Before the
Jury That Tried the Prisoner
Execution Tomorrow.

Governor Markham has finally decided
not to grant the stay of proceedings asked
for by John McNulty, sentenced to be
hanged on Friday for murder COM
mitted in San Francisco four years ago.
The Governor says: Il have, after
mature deliberation, determined not to
interfere in the execution of said sentence.
A very careful perusal and examination
of the evidence, as taken by the stenog-
rapher at the trial of this case, convinces
me that the Judge who presided acted at
all times in an impartial manner; that
McNulty was ably defended by counsel,
and that as a result he had a fair trial.
1.-THE Supreme Court. in their decision
in this case, rendered December Y, 1891.
say: 'We have already determined that the
judgment in this case is free from error;
that the appellant was duly and legally
convicted and sentenced to die according
to the law of the land as it existed at the
date of the Judgment and at the date OF
the murder
'sThe petition for his pardon states that
the consequences impending Tor the
prisoner flow from an almost equal dlVls-
ion of the highest court IN the state III
the decision rendered upon the rehearlng
Of the appeal, and that his discharge was
only prevented by four out OF the seven
judges presiding in the court. But this
to the general public is misleading, as the
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 capl-
tai sentences the result being as claimed
that in consequence Of the blunder or the
Legislature he and all others in his situa-
ton must 90 free of all punishment.
1.-The learned Judge who wrote the de-
ciSion referred to, says that they were
called upon in that case to decide upon
| the effect Of the legislation referred to and
whether capital punishment can be IN
! hicted In any case, however atroclouS, COM
mitted prior TO May go 1881, and whether
( any punishment can be inflicted III case
like this. From this statement it is
! clearly seen that the court did not pass
upon the evidence, or, in fact, upon any
question except that pertaining to the
! time and method Of execution.
81 therefore am not aided by that opin-
ion in any way in arriving at conclu-
sion as to my duty III the matter. Prior
! to the conviction of one accused of crime,
/ he is always presumed to be innocent,
| but after the jury have decided that the
accused is guilty and the court has re-
! fused new trial and has passed sem
tence, the presumption necessarily
( changes. and therefore good cause must
! be given upon which TO base any favor
able action.
1.-The defense made in The case is that of
! insanity, which it is claimed is heredi-
! tary, and the recurrence OF which at this
! time was induced by the abuse he had
received upon the previous day. An eX
haustiYe examination Of the evidence
! convinces me that the jury were justified
/ in the opinion that he was not insane at
I hn.a tcl tho 6ar. y nd
| from very reliable sources | ain con-
vinead that he has not shown any signs
/ of insanity during his long Incarceration
( of over four years; and certainly if man
/ were ever insane, II seems to me that 1t
would manifest itself under such circum-
! stances.
| while L fully realize and appreciate
/ the kindness of heart with which the
/ good people who signed the petition were
! actuated, and fully understand the deep
/ sympathy which ifnpels them to their
action il the case of such poor unfortu-
mates as McNulty, and while ] am per-
/ sonally always deeply affected III the
same way, yet as the Executive Of this
| State ! am forced to the conclusion that
! it is the deliberate Judgment OF the peo-
| pie that crimes OF this character should
| be punished by death, not only as a mat
! ter OF just punishment for the offender
! but in the hopes that it may deter others
! from committing such atrocious crimes.
| Such has been the law of this State for
nearly fifty years, and L find no DISPOSE
ton on the part OF the people to have it
changed.
Il therefore believe it my duty to see
that the will of the people is executed in
all cases where, in my Judgment, the
| criminal has been duly ana legally con-
victed, and where no new facts are
| brought to my attention, which, if they
had been before the jury might have in
tiuenced their verdict.
believing, as l DO, that the petitioner
has had a fair and impartial trial, and
nothing having been presented to me
which was not before the Jury, which, in
my judgment, would have influenced
their verdict in this case, l decline to in
terfere in the judgment and sentence of
the court"