The morning call., 1893-08-25
Mr.. SENECA SWAIN
Wants to Be Liberated on
Parole.
OSTRuM CHASTsEs sONTAG.
The Prison Directors Preparing to
Issue Tickets-of-L Leave - Ac-
ton on Pardon Cases.

country reS1Qe0ce at Dan quentin 1Or his
former luxurious quarters in this city
within the next few weeks, and his friends
are preparing to celebrate bis return with
every evidence of joy.
Under an enactment of the Legislature
at its last session the State Board of Prison
Directors is permitted to parole prisoners
at its discretion under certain provisions.
These tickets-of-leave cannot be granted
to conyicts sentenced for murder in the
first or second degree, nor to those who
have previously been convicted of felony.
1t is required, too, that the prisoner shall
have served one calendar year of the term
for which he was convicted. His record in
the prison must show 100 per cent during
six consecutive months for diligence, good
conduct and progress in education. War
den Hale, the captain OF the yard. and the
Prison Surgeon constitute an advisory
board whose duty it will be to examine
every application for parole and report to
the directors. They must investigate the
general conduct and habits of the prisoner
and ascertain his antecedents. They must
seek such advice and opinion concerning
the advisability of granting parole as can
be obtained from the Judge who tried the
case. the District Attorney and the counsel
for the defense.
The rules governing the granting of
paroles were printed a few days ago. and
almost every convict at San Quentin
prison is studying the requirements with a
view to applying for a ticket-of-leave.
Only two applications will be in proper
form at the next meeting of the Prison
Directors. The advisory board is now
making the required investigations in both
eases, and will have its reports ready by
the time required. The prisoners whose ap-
plications will then be acted upon are
Seneca Swain, formerly of San FraDcisc
and w. r. Bibby, late of Fresno.
Both men belong to the convict aris-
tocTacy and are egarded by their fellows
with a mixture of envious dislike and
secret admiration. Seneca Swain entered
the prison in September, 1889, and is serv-
ing a seven years sentence of impTisOn-
ment for grand larceny. He has received
all the credits obtaiaable for good conduct,
and if be should continue his good be-
havior would secure his discharge in June,
1894
When be first entered The prison Seneca
Swain worked in the jute-mill His in
dustry was marked, and as a result he was
assigned TO higher tasks. For two years
he has been given tasks under the heading
of soft snaps" At one period of his in
generation he acted as freight clerk at
the wharf. weighing coal and checking
bags and other supplies. He is at present
fulfilling the congenial duties OF chaplain's
assistant. with special reference to the
library books, which are under the chap
Iain's care.
Allthe San Quentin officials bear witness
to Swalm's exemplary conduct, but it is BY
no means certain that this will secure the
coveted parole. The sentiment exists
among some Of the directors that prisoners
whose early training has Eeen bad and o
have tranSgreSSed partly through gnor-
ance are more deserving of a ticket-Of-
leave than well-educated scamps who
violated the law, knowing its requirements
and its penalties This feeling is generally
entertained for confidence men of all kinds
whose education or adrUitneSs has enabled
them to cheat their unsuspecting fellow
citizens.
When Seneca's application is disposed of
W. r. Bibby will be heard. He is a we'll
connected young man, and was formerly
Superintendent of SchOo of Fresno. He
is serving three-year term of imprsnn-
ment for forgery, and has been at San
Quentin eighteen mouths. His request is
looked upon fav0rably, because it is in
dorsed by many of FresDo's most Dromi-
nent citizens. The Sheriff, the Superior
Judge. the Superintendent of Schools and
a number of merchants, attorneys and
physicians have written to the board that
Bibby's release upon parole would accord
with the wishes of his former neighbors.
They believe that he will fight shy of the
penal code hereafter.
All of the directors ware It San Quentin
yesterday in executive session to act upon
applications for pardons. The first two
petitions were Summarily disposed of as
follows:
Marcus Cessna, sentenced in Monterey
County on Septem Der 4. 1891, to six years
imprisonment for attempting a feonious
al1f mo rfnto
testimony of a Spanish woman named Mary
DiaZ, TIE petition for pardon is signed
by over 500 persons, including seven Of the
jurors.
1t was contended that Cessna is inno-
cent of the crime Of which he was con-
vcted. Pardon was denied
Thomas Campbell from Placer County,
convicted in 1876 of murder, life imprison-
ment. Denied.
Philip O'Brien. 1904 convicted of
murder in the second degree and sentenced
to ten years imprisonment in 1889. was
more lucky. The board recommended
that the sentence should be commuted to
six and half years, which will effect his
discharge in three weeks. A petition for
his pardon was presented, signed by ten of
the Jurors. the other TWO being absent
from the State. Judge Murphy, who pre-
sided, also recommended pardon, stating
that CBrien was only % years old when
lie c nmitted the crime. His habits were
peaceabe and he had been industrious.
Since his conviction his parents have died.
leaving a young brother and sister de-
pendent on the charity of distant rela-
tives. OBrien's former employers prom
ised him steady work, and as his prison
record was excellent he will be allowed to
take care of his brother and sister next
month.
Edward Winkel, 1850, convicted in
December 8. 1892. Of grand larceny in
Siskiyou County, and sentenced to years
Imprisonment at San Quentin, will be re-
leased next week. His case was a pc
culiar one. Superior Judge j. S. Beard of
Yreka, who sentenced him, ipined with
large number of other citizens in asking
for his pardon. The Judge stated that the
boy had persisted in pleading guilty, which
alone accomplished his conviction. The
court refused to accept the plea, appoint
ing an attorney. who advised young Win
KEEL to plead not guilty, but without in
iuencing his client The boys uncle was
the complaining witness, and had owed
the defendant S27 for labor He declined
10 pay the boy, who took horse belonging
TO his uncle. sold him openly in the neigh
borhood for $50 and applied the proceeds
on account of the debt. The Judge stated
that there was n al Cnnnn 0f criminal in