The herald., 1893-06-11
MARKHAM PARDONS DR., BRAGG,
He Gives His Reasons in a For
NAL Document.
Considers He Used Illegal Means to
Protect Woman.
A Decision that wan Cause Much Conn
ment in Ihis City-The Old DIR.
Taken by Surprise.
His Release.

His Release.
A pardon was received yesterday by
Sheriff Cline for DIR. B. f. Bragg, he OF
the long, white moustachios, who was
convicted OF forgery in June, 1892, and
sentenced to five years imprisonment
in states prison. 1t appears from the
terms OF the pardon that while not
actually guilty of intent to defraud the
doctor got more than he deserved.
However this may be, Sheriff Cline
yesterday sent for the old man, and in
few we'll chosen words announced his
freedom.
The pardon reads as follows:
EXECUTIVE PARDON.
STATE OF LIFoRNIA-ExEcUTIvE De-
PARTMENr.
Whereas, in the month OF June, A. d.
1892, at regular session of the superior
court, held in and for the county of Los
Angeles in said state, B. f. Bragg was
tried and convicted of the crime OF
forgery and condemned to undergo an
imprisonment in the state prison for the
term of five years, and has been con-
fined in the Jail of Los Angeles county
pending an appeal to the supreme court
of the state of California.
1t appears that said Bragg was tried
and convicted OF forgery for altering the
record with intent to defraud one Sam
chez by inserting the name of one Henry
Vejar as party to deed of conveyance
to certain described premises in the @.
A. Deerque tract in Los Angeles county.
At the trial OF the criminal charge this
man Vejar testified that he had re-
ceived deed from Manuel Gotta to
lots l and 2 of said tract and that
he made a deed of these same
lots to said Sanchez Vejar denied that
he ever made q deed to Manuel Gotta for
these lots. The deed to Sanchez was
shown TO the jury together with the one
tet out in the information. Motion for
new trial in the case OF the people vs.
Bragg was oyerruled on the 18th day OF
June, 1892, and the case was thsreupon
appealed TO tha supreme court. On the
18th day of July, 1892, trial OF the
action OF Sanchez VS.. Bragg to quiet
title to said lots and 2 OF said tract was
commenced. During the progress of the
trial Henry Vejar, the same witness
who had sworn that he had never made,
executed or acknowledged deed of the
premises Aforesaid to Manuel Gotta as
hsreinabove shown, did admit under
oath that he had made such daed
Gotta had made affidavit that
Vejar had made a deed OF con-
veyance TO himself of lots / and 2
in said tract and had delivered
it to him (Cota). In his testimony
given at the trial OF The People va
Bragg he sought to avoid this by saying
that he did not understand the contents
OF Che affidavit, but John Roberts, a
reputable witness, swore that he read it
| over TO Gotta in Spanish and translated
it to him, and that Gotta said to him
that he understood it, and that it WAS
correct. Hon. Lucien Shaw, Judge OF
the superior court, before whom thocaso
! Of Sanchez VS.. Bragg was tried, says
that he does not think Bragg would
have been convicted ii this deed had
been found and produced at bis trial ON
the charge OF forgery. Indeed, he
could not have been guilty of one OF the
chief elements of the crime. He was
charged with altering the record with
intent to deffsnd Sanchez, who was a
grantee of Vejar by subsequent deed.
Now il Vejar had previously conveyed 10
Bragg, as this deed proved, then San
chez could not have been defrauded, be-
| cause he had no title to the lot, and
ought not to claim it. Bragg's inten-
tion, therefore. instead OF being to de-
fraud Sanchez was really to prevent
| Sanchez from defrauding Mrs. Bragg.
The intention was entirely law
full; his only fault was
that he attempted to carry it
out by unlawful means. THE, however,
was very trivial matter, and he has
already been punished more than enough
! to atone for such an offenBe. | ques.
toned Vegar pretty thoroughly, and the
result was that was thoroughly salts
| fed that the deed was delivered, and
that he had afterward eonspired with
Sanchez to defraud Mrs. Bragg out of
the property. 1t was to prevent this
fraud that Bragg altered the record.
think the ends OF justice would be pub
served by granting pardon to Bragg
Hon. B. N Smith, before whom the case
of the people VS.. Bragg was tried, and
who sentenced the defendant, says: 81
have examined the statement made by
Judge Shaw, and am satisfied that it is
correct. Mr.. Bragg WAS tried IN my de-
partment, and the deed referred to by
Judge Shaw has come to light since his
conviction. and l think that the ends of
justice would be subserved by granting
him pardon"
Now therefore by virtue of the author
ity in me vested by the constitution and
laws of this state. l, Fl. II. Markham,
governor OF the state OF California, d ]
hereby pardon the ssid B. F. Bragg, and
order, upon the receipt of these
presents, that he is discharged from
custody and restored to citizenship.
In witness whereof, have hereunto
set my hand and caused the great seal
Of the state to be affixed at Sacramento
this 8th day of June, 1898.
lSigned] III. HI. MARKHAM,
Governor of the'state of California.
Attest: E. G. WAITE,
Secretary of State.