The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1892-03-03

commit sodomy. seven years. 1891. The
testimony shows beyond a doubt that the
appll ant is guilty OF this offense. and the
punishment is not severe; and as no
reason IS alleged in his petition except
mat OF innocence, the application is de-
MED
Peter Schulthies-San Francisco, for
gerry, seven years, 1889. The only reason
really alleged by applicant is that of ex-
cessiye sentence. From the testimony
before me / think there is no doubt of
his guilt, and therefor refuse to reduce
| his sentence, as Judge Van Reynegom,
who sentenced him, was humane and
careful Judge.
Charles Peterson-San Francisco. as
sault to rob. ten years, 1891. Applicant
IN TINS case claims he was entirely inno-
1 cent, because he was with his brother
VINO struck the complaining witness over
the head with bar of iron, and that il
was done so suddenly and UNEXPECTEDLY
/ that he had no chance to prevent it. The
evidence shows that he went with an
other party TO this particular boarding
mouse, IN which there was some money
IN chest; and it was testified at the trial
/ that he went with the other party to the
house for the purpose of obtaining this
money, but that he ran away when the
pIew was struck by the other party. The
latter part Of this was testified to as being
a part OF the confession of applicant
Andrew McGlnty-Mono County, man
slaughter, seven and a half years, 1888.
| The applicant claims that he was present
during a game OF cards between a friend
OF his and a notorious man against whom
he had been warned that he sat down in
| chalr TO watch the game and protect his
friend against the evil temper of this
party; that he went to sleep during the
game, and awoke to find his friend being
assaulted with chair and about to re-
celVe great injury, and that, in the excite
ment OF the moment, he drew his pistol
! and nred. lie further claims that he had
| the promise of light sentence held out
to him on the plea of guilty, and that he
was imposed on in that way The facts
IN the case are that the friend and de-
ceased Were playing cards, when a dis
pute arose and deceased reached across
the table to take the money, when he
was shot by McGinty while still sitting
IN his chair; that he dropped forward
on the table and rolled to the floor where
he died in few moments; and that the
1 deceased had made no effort 10 assault
either the friend or McGinty. The Dis
tr1ct Attorney at that time denies that
| there was any proposal of a light sem
| tence made by himself, and does not be-
leye 1t was made by any one; that Nc
Glnty received very light sentence, be-
cause there was no witness Of the transac-
ton present to detail the circumstances
OF the crime, and as McGinty's state
ment OF course was as favorable to him
self as it was possible TO be. 1 do not
think the sentence, under the circum-
stances; excessive
William II. Washington-Yuba, muir
der second degree, ten years, April, 1888.
The applicant was colOred preacher in
charge of a church at Marysville. He
claims he committed the act in self-de-
tense, while going to the assistance of de-
az 1G ito.
being assaulted by deceased. From all
the testimony in the case and the facts
surrounding the same, which is, / think
conclusive, | believe that applicant, al
though preacher, was living in a state
Of adultery with the wife of deceased;
that the act was not done in self-defense:
that he was guilty as found by the jury,
and that his punishment under the cir
cumstanees was not excessive.
George PollteS-San Francisco, sod
omy, twenty years, 1856. There can be
no doubt in my mind, after reading the
| testimony on which this applicant was
convicted, that he was guilty; the cir
cumstances surrounding the commission
OF the crime, and the horrible physical
condition of applicant, are also fully set
! forth. There is nothing in the case that
appeals to my sympathies.
Amado AImenta-Los Angeles, murder
first degree, life, 1888. Notwithstanding
VIC very J4duSiDl6 statement OF the prob
able innocence of applicant, and his
claim that prejudice had great deal to do
with the verdictin this case, from the most
reliable sources, l am informed that de-
fendant deliberately beat out the brains
of deceased with an ak and threw the
| body into a vacant lot near the cabin
where they were and left it. The only
plea made at the time of the trial was
self-detense, but it was proven that de-
ceased was totally unarmed and had
made no hostile demonstration toward
applicant. He seemed heartless and cruel
| throughout the trial, and when he was
asked why sentence should not be pro-
| nounced he coolly replied: mo, Judge, 1
have nothing to say, but | would like to
have you give thea ak to the woman l have
| been living with.p
William Clancy-Santa Cruz, burglary
first degree, sixteen years, 1883. AppIi-
cant was sentenced to fifteen years for
burglary and one year for prior convic-
ton. His claim is that he has served the
fifteen years for burglary, and as he was.
wrongfully found guilty Of prior convic-
ton, 1T is not proven that such was the case.
l have had transcript of the evidence
sent by the District Attorney, and from it
l am convinced that his claim is not cor
rect and that the verdict of a prior con-
viction was true.