The record-union., 1893-10-25
STATE OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
n nnAol.r.. 90 1O0g

LAECO OEfAB1 il
SACRAMENTO, October %, 1898.
Hon. Henry Hogan, attorney for f. o.
Vincent, NupG-DEAR SIR: l have COM
pleted the examination of the Vincent
case and deem it proper to state as briefly
as possible the conclusion reached ana
my reasons therefor. l began this III
vestig alton about June the lst, and have
had the matter before me more or less
ever since. Every avenue OF infOrma-
ton that l could command has been eX
hausted. The official stenographlc re-
port has been thoroughly examined. The
contents of all ex parte affldavits have
been critically compared with the facts as
found in the record. Every letter and
remonstrance has been carefully read,
and every one who desired to be heard
orally has been given full hearing. L
might adj that there were no petitions on
file in this case. l sincerely believe that
fully comprehend the facts in this case as
presented to me. My decision has been
withheld until the present time in order
that nothing affecting the condemned
man might be overlooked or not fully IN
Nestigated. 1 feel keenly the response
bility resting upon me in this and kim
dred cases. and for that reason have spent
many days and even weeks upon the un-
pleasant task, believing it to be my duty
to the condemned as well as to the State.
l do not intend to resort to technical
argument Dub III udN6 W SUI lll6 CdSC
of technicalities and 10 consider only the
facts, and for the purposes of this state
ment the following conceded facts will
suffice:
At the time of the homicide Dr. Vim
cent and wife had been married about
ten years, and few days prior thereto
she had brought a suit for divorce on the
ground of habitual drunkenness. The
papers were served on the 18th of Decem
ber, 1890, and the homicide committed on
the 18th of the same month. Mrs Vim
cent was then living apart from her hus-
band and was striving to support herself
and child by sewing. Between II and 1
o'clock on the 18th Of Decem Der Vincent
went to a gun-store and borrowed a re-
vOlver, saying that he wanted it for the
purpose Of killing a dog that had bitten
him. He then Immediately took car
riage and drove to Mrs. Vincent's home,
paid and dismissed the driver and en-
tered the house by the front door, going
through the parlOr TO the sewing-rOom
adjoining. Mrs. Redd, sewing woman,
and Mrs. Rogers were present with
Mrs. Vincent. He asked his wife if he
could speak to her a moment She re-
quested Mrs. Rogers to accompany her,
and when all three were seated in the
DarIor Vincent asked his wife if she in
tended to withdraw the suit for divorce,
and was answered in the negative. He
then took a small phial from his pocket,
saving Take that 7" which she refused
He Immediately arose and drew the re-
volver, saying as he pointed it at her,
Take this, then ~
Four shots in all were fired, one strik-
ing her in the right hand, and as she was
fleeing through the door back into the
sewing-room he placed the revolver close
to her body and shot her in the back. She
fell upon the floor of the sewing-room,
on6 ba nlaaod q raunlXyar haV loft
breast as she lay there dying and fired
again. She did not speak after the shoot
ing commenced, and died almost in
stantly. The entire defense was based on
the grounds OF insanity, and between
forty and fifty witnesses were called by
the defense to establish that fact.
The Jury were not convinced that Vim
cent was insane, and rendered verdict
condemning him to undergo punishment
for the highest crime known to the law
If, as claimed by the defense, he was in
sane, he was not responsible for his acts,
and verdict of not guilty should have
been rendered. Strip these cases of the
sentiment and the prejudices which ac-
company them, and to whom under the
laws of the State are the people to look
for justice? Should it be to the twelve
men who have sworn to try the case and
who hear all the evidence during the
trial, under the watchful care of the pre-
siding Judge, or TO the Governor who was
not present at the trial, and who knows
nothing of the facts except in remote
way?
have but recently passed upon the
Bawden case of Eureka, Humboldt
County. In that case the woman was
killed because she had married another
man, and had refused to marry Bawden.
In this case the victim was the wife of
her slayer, seeking to be free from him
for causes for which ne alone was re-
sponsible. Insanity was made the ex-
cuse in both instances, and as the facts, as
well as the principles involved in each
are very similar, | must naturally follow
the convictions which governed me in the
former case, and shall seek to apply them
to the one now under consideration.
l conceive it to be the duty of the Gov
ernor to exercise the extraordinary power
given him il such cases with discretion,
but without fear. The laws of our State
have established tribunals for the trial of
such cases. Every safeguard known to
the Legislature has been provided for the
protection of every substantial right of
the accused. The jury is given the power
to fix the degree of punishment in capital
Offenses, and the Judge always informs
the jury that it must determine whether
the punishment shall be death or impris-