The morning call., 1892-08-24
DAUGHTERS NOT WELCOME.
They Cannot Again Visit Con.
demned John McNulty.
Another Affidavit Sent to the Governor-A
Telegram From McNulty's Mother-In-
vitations to the Execution.

County Jail on Friday. District Attorney
| Barnes and NJ. A. Dorm. attorney for the
| Sheriff, held conference yesterday and de-
cided that at present there was nothing to
prevent the execution of the judgment of
| death.
McNulty awoke at 80 o'clock yesterday
morning and tried to eat breakfast, but his
| appetite is still failing. He could not eat
meat and partook of tea, bread and butter
| and little fruit.
While MeNulty's spiritual advisers have
prepared him to abandon hope and meet
his Maker bravely, others have attempted
10 arouse discomfort in his breast. This, the
jail officials say, has been done by certain
members of the Daughters of the
Good Shepherd. They have advised him
not to abandon hope, have commented on
the Governors action aud hav promised to
have no stone unturned to secure clemency
for him.
A TILT WITH THE CHIEF JAILER.
These Daughters of the Good Shepherd
have insisted on sending the condemned
mah fruit although they were cautioned
| that he could not receive anything from the
! outside after the death watch was set.
| Three of the daughters had a tilt with
| Chief Jailer Hadeler yesterday afternoon.
when he informed them that they must
| cease their visits TO McNulty. The chief
! informed them that such was the Sheriff's
order. but they declared when they left that
| he could net keep them out of the con-
| demned mans cell.
MeNulty has received telegram as fol-
from his aged mother. who is in st. John.
| y. B.:
To John MeN,aty, County JAZZ San Fran
| cisco: Good news In your last letter. l was Ia
despair. Dispatch aud let Inc know how you
| are. MOTHER.
MeNulty sent an answer saying he was
in good health and that all hope was not
yet gone.
ANOTHER APPEAL.
The following is copy of an affilRvit
sent Yesterday to Governor Markham:
James W. Garvey, being trst duly sworn, de-
poses aud says: That during The trial of the case
| Of The People OF the State OF California against
| John McNuliy, accused OF murder, af1iant was
| living In The same honse, G5S Folsom street,
| Jurors VINO tried said cause, was living; thar
afiiant and said Pomin were quite friendly and
the saloon owned by Wall and CuddS' on The
| corner OF Third and Folsom streets: that said
| Pomin asked afliant II he friendly with
MessTs Cuddy aud Wall; that affiant answered
that he was friendly with Cuddy and Wall; that
thefeupon said Pomin asked afiiant to go 10 said
Cuddy and Wall and find out Il there Is any
money In 1t for me, as L need money at the
| present time. IL they will give me a
| few dollars / will be The last man
| upon atfiant went 10 see Cuddy aud I'm.
formed him Of what Po;nin had said. Cuddy
ce'ned there was nothing In 1t as he Cuddy)
could DOT afford 10 spend money I'm fixing cases,
aud refused to give any money toward such an
end; that thereafter, nj ter The said trial
ended, said P0min aud aifant and others were
| present In said saloon owned by Cuddy & Wall
| when said P0mIn made the remark. "Fellows. l
was the first man 10 ballot 10 hang HE Irish -
-, as there was no stun In it for me, and all
| the Irish ought 10 be hung"
That afiant did not testify upon SAID trial OF
| John McNulty.
That aiiani now resides at 500 Howard street.
JAMES w. CARNEY.
Subscribed and sworn 10 before me this 23d
| lSeaH CHARLES E. KELLY.
! Notary Pubic IN and Tor the city and county
| OF san Francisco. State Of California
ANOTHER AFFIDAVIT
! Yesterday as Carroll Cook was busily
/ engaged on a brief 10 sustain his position
/ that q condemned criminal cannot be exc
| cuted alter reprieve until day and hour
| had nTst been set for such execution by the
| court having jurisdiction of the case,
| stranger walked into bis Office and declared
/ that lie had Travelled all the way from San
| BeTuardino 10 make statement of the cir
| cumstances attending the killing Of Collins
/! by McNuliy. In a few words he told his
| story. which fatty coniradicts the sworn
4 testimony of Halpin, relied upon by the
| prosecution, and eorroborates MeNuliy's
statement OF the killing in all important
| particulars. The strangers statement was
| subsequently reduced To writing and sworn
TO. The affidavit Is as follows:
| State OF California.
City and County OF San Francisco. -.
George BagOT, being nrst duly sworn SAYS:
| That he is at present resident of san Bernar-
dino County. in The State Of Cslitoi MIA. That
bis occupation Is that OF printer. reporter and
newspaper man by trade. and that he Is new
/ working as clerk. That he has read the &C
counts In tile daily newspapers OF the action OF
The Governor y relation 10 the Communication Of
the sentence ~ John McNulty, and having been
| an eyewitness TO The shooting ARRAY for which
/ said McNuity stands convicted, he feels IL his
dnty 10 come 10 this city and make affidavit con-
corning what lie knows OF the matter. ] hat con-
sequenty he has come TO his city for such pur-
pose from San Bernsidino County, at his own
expense, but Is compelled 10 return TO his home
| and business al o'clock p. NJ. this day. That
atlantis address Is Hotel Stewart, San BeTnaT-
dino County. Cal.
That on the dates and at the times hereinafter
mentioned aflignt was working as a clerk for The
| Eclipse Cracker Company. OF which Thomas
CEadbourne was the proprietor. That on Sunday,
| the 25th day OF March. 1888. as afiiant verify
believes. but at any rate on Sunday. when John
| McNulty was arrested, aEfiant was standing
npon First or Third street, as near as affiant
now remember the street. Whether 1t was near
! the corner OF Howard, Mission or Folsom, afant
can't remember. He does, however, distinctly
remember that he (aifanp came out Of saloon
| onto Tie sidewalk that as he came out he saw
three or four men angrily talking TO each Other,
| standing face Ia face; that one OF the men, the
one who subsequently fired the pistol. started Off
up the street with one OF the others; that tie
| who was shot started TO follow them, when the
man who fired the pistol turned around. and when
the men were face to face affiant saw the one
who turned around point pistol At the face of
the other and IRE, when The one who had been
following fell down. That afiant did not then
know nor does he now know either Of the:parties
engaged In said ARRAY. but thar when the
| crowd gathered after the shooting he heard the
| man who had done the shooting and who was
| arrested called McNulty. aud the man who was
| shot he then and there learned 10 be Collins.
Affiaut cannot recall The Christian names OF
either Of said parties, but, knowing that the
same must have been the affiay which formed
ne 81 J0h and 10
shoot as he did, aniant has deemed 1t his duty TO
make tins affidavit. Affiant remembers dis
| timely having heard some body Ia the crowd re-
mark that McNuty had only given the dead
| man what he deserved.
PERSISTENT ATTORNEY.
The remainder OF the affidavit relates to
the personal history OF affiant from the
time of the shooting up TO the present, and
| goes 10 show that he was not aware of the
proceedings in the MeNulty case until few
| days ago when he happened TO read the
| San francisco papers containing accounts
| Of his struggle for life.
Carroll Cook at once forwarded the aft
| davit TO Governor Markham, and in his ac-
| companying letter made bold to say that il
| his Exceiency conld get any IL men in the
| State to say In the light of this paper that
| McNulty should hang he would make 70
| further attempt to save the condemned
| felon from his doom.
Yesterday Mr. Cook made a formal pro-
| test TO the Sheriff against proceeding with
| the execution without first taking McNulty
| into court to be resentenced, and In pro-
testing took occasion to criticize District
| Attorney Barnes idea of the law bearing
| on the case. The result of this effort in
| McNulty's behalf was communication
| from Nj. A. Dorm asking Mr.. Cook to call on
! him. This the earnest young attorney did,
| and in the conversation which ensued he
| fell in with the suggestion of the Shsriff's
| legal adviser and promised to submit brief
] giving his opinions of the law bearing on
| the case. This will be submitted to-day,
| hen Sir. Dorm, after weighing the two
| opinions. will advise Sheriff I.auineister as
| to his duty In the premises.