The record-union., 1892-01-25
EXECUTIVE CLEMRNCY.
Governor Markham Employs 1t in the
Cases of Four Convcts.
Felipe Moreno's Sentence Reduced
From Life to Forty-one Years-A
Boy Rescued From jail.

mutation, although he has received many
applications from prisoners during the
month.
The convict whose sentence has been
committed is Felipe Moreno, who was
convicted in November, 1867, of the muir
dor of DR.. Marsh in Contra Costa County,
and sentenced to life Imprisonment.
After the crime was committed Moreno
escaped and was a fugitive from justice
Tor ten years. The reasons assigned for
granting the Communication are as follows:
''All the papers in this Office, together
with all the facts in this case, were by me
presented to the Board of Prison Direct
ors in October, 1891, without recommend
alton, but with the request that the
board give the same careful considera-
ion and report to me It's opinion in writ
ing. On the 18th of December, 1891, the
board transmitted to me its opinion,
which is as follows: The board, after
full consideration, and upon motion of
Director Sonntag, unanimously recon-
mend to your eXcellency for commuta-
ion of sentence said Moreno 10 forty-one
years, on the following grounds: That it
appears he has been for twenty-four
years an exemplary prisoner, and at the
lime of the alleged crime he was only is
years of age; that if guilty of the crime of
murder in the second degree he has been
already sufficiently punished for said
Offense, and that 1t appears from all the
IactS before the board that there may be
grave doubt of his guilt, and that the
rial and conviction took place more than
en- years after the homicide was COM
nitted, and at time 1t would have been
impossible for him to establish his inno-
cence.'
81 fully concur with the opinion of the
BOARD, although l shall not act upon the
question of guilt, as | assume that he was
guilty as found. ! have refrained from
granting the request of the board for
some time that l might investigate and
see if there were any reasons why [
should not comply with the recommended
lion. While l have received some earn
est protests against the pardon, yet I am
convinced that it should be granted"
THE vTTRIoL THRowER.
A pardon was granted to w. T. Ro-
Zele, the Los Angeles man who was con-
victed of completely in the throwing of
vitriol in the eyes of an engineer named
Chas. Petrie. The affair happened in No
yember 1887 and Rozelle was sent to prison
-Or nine years. His wife, the party who
really threw the vitriol, was discharged.
The Governor says in granting the par
don:
''All the papers in this.office, together
With all the facts pertaining to this case,
were by me presented to the Board of
out recommendation, but with the re-
quest that the board give the same careful
consideration and report to me its opin-
.on in writing. On the 10th day Of Janu-
ary, 1892, the board transmitted TO me its
opinion unanimously recommending the
pardon of said w. Z. RoZelle on the fol-
lowing grounds:
THAT the possession'of the vitriol was
not of itself eliminating; that the princi-
pal in the crime, the prisoners wife, was
discharged after three trials; that the
prisoner had always borne good reputa-
lion, his conduct in prison has been eX-
emplary and he has already been Suiti-
GENTLY punished on the assumption of
ais guilt; that there was no active partici-
patton IN the crime by the prisoner; that
mis- pardon is recommended by the pre-
siding Judge, Hon. w. p. Gardner, j. II.
Lucien Shaw, and Hon. b. w. Smith,
Judges of the Superior Court of Los An
geles County; by Hon. w. A. Cheney,
Il. X. O'Melveny, @. NJ. Smith and A.
". Hutton, eX-Judges of the Superior
Court of Los Angeles County; by most
Of the attorneys of Los Angeles, and by
The people of Los Angeles most familiar
with the circumstances
Il fully concur in the conclusions ofthe
board, and am also convinced that the
character of Mrs Rozelle was good while
N New York; that she had been in this
foLdIS DuI SIX ulOuILS, anu bDdG she ldU
done nothing outside of this to injure
Aer reputation while here"
MUST LEAVE THE STATE.
Another of the convicts pardoned was
George w. Silver, who was convicted in
Alameda in October, 1882 of forgery and
sentenced to five years imprisonment.
The Governor wants Silver to leave the
State, and in granting clemency he says,
after referring to the usual request made
Nv him If tho pyiSnTo
ION the 10th of the present month the
Board OF Prison Directors transmitted to
me it's opinion, unanimously recommends
lng the pardon of said George w. Silver
upon the following grounds: That the
prisoner was cited TO show cause why he
should not be punished for contempt in
practicing law without a license that he
offered in evidence at the trial license
rom the Superior Court of Michigan and
an affidavit from Stanton l.. Carter, an
attorney, the signature to which was
5orged, and for which forgery Silver was
sentenced to five years; that Silver did
n fact have license which would have
admitted him to practice; that Carter
stated in a letter that he did move the adj
mission of Silver before the Superior
Court of San Joaquin County. Carter
would undoubtedly have signed the forged
affidavit had he been asked to do so.
Silver claims he believed the affidavit
vas in fact signed by Carter. There is
strong doubt of the prisoners guilt, for,
f forged, the facts contained in the atfi-
davit were true: that the sentence is ex-
1eSSive, as the crime resulted in injury
o no one; that punishment, in any
event, has been adequate the jury
recommended his pardon, and the board
recommends the same upon the condition
hat the prisoner leave the State, never to
return.
II fully concur in the foregoing opinion
.,ft hn Nd hot lnli
must have been aware of the forgery
FROM JAIL TO A Reform SCHOOL.
The third pardon issued from the Office
vas to Louis p. Dupuy, a boy convicted
IF burglary in November, 1891 in San
Bernardino County, and sentenced to
1hree years Imprisonment. When Dupuy
caves the penitentiary he must go to the
Reform School at Whittier, however. The
Governor says:
''E. G. Seymour, Sheriff of San Ber-
nardino, urging the pardon of said Louis
?. Dupuy, states that Dupuy and three
companions committed the burglary, for
which Dupuy's companions were sent to
She Reform School, but the Judge, in
sentencing Dupuy, understood him to
state that he was over is years of age, and
gave him three years in San Quentin.
Mrs. f. NJ. Doland, defendants mother,
and G. Thompson, father of Mrs. Doland,
make affidavit that Dupuy is still under
is years of age. The Chief of Police of
san Bernardino certifies to the previous
good character of Dupuy: and Hon. W.
Z. Hale, Warden at San Quentin; E. c..
Seymour, Sheriff of San Bernardino
County; George Il. Hisom, County Clerk:
A. NJ. Remission. County Treasurer, and
others recommend that the prisoner be
pardoned on condition that he serve the
remainder of his sentence at the Reform
School at Whittier"