The record-union., 1894-12-14
RAFBN SOON 10 Be RELEASED.
Pardons and Commutations Issued
Yesterday.
Governor Markham Explains the Cri
cumstanceS Under Which They
Were Granted.

Governor Markham did quite q land
Office business yesterday in the matter of
granting pardons and communications OF
sentences.
He commuted to sixteen years the sem
tence of Simon Raten, who was sentenced
III the Superior Court of this county in
February, 1885, to be hanged for the MUIR
der of James Lansing in this city, which
sentence was aiterward commuted by
! Governor Stoneman to life imprison-
ment. This will release Raten on Feb
ruary %, 1895. The Governor has had
this and other cases under consideration
Tor the past two years or more, examin-
ing into them thoroughly, as las always
been his custom and gives the following
| reasons for his action:
The original judgment and sentence
passed upon petitioner by the Superior
/ Court was that he should suffer death:
ana his excellency George ,toneman,
! the then Governor of California, COM
mHted such sentence ana ordained that
! petitioner be lncarcerated i'll the State
/ Prison at Folsom Tor The term of his
natural lie. he State Board of Prison
! Directors, alter careful examination of
/ the records and papers in this case,
recommend that the sentence De COM
muted 10 sixteen years for the following
| reasons:
1t appears from the evidence before the
board: Flrst-Taking i'll view the char
acter and mental caliber OF the petitioner
III conjunction with the circumstances
connecting with the commission of the
| crime, that the killing was not willful
deliberate and premeditated murder.
Second-That sthe testimony produced
! in Court did not warrant u finding of
! murder IN the first degree.
Ihlrd-1hat the petitioner should have
Oeeh iounu guilty OF only manalaughter,
or, at the most, murder in the second de-
gree. with IL sentence not exceeding siX-
! leen years therefor.
tourth-Ihat it is the opinion of the
1 Honorable 5. c. benson, who acted as
presiding Judge III the trial OF the Pc
titloner, that The evidence aGduccd in
| Court did not justify the verdict OF the
jury, and If the SAID Raten had been con-
Eicted OF murder i'll the second degree
that the sentence would or should nave
! oeen lor term not TO exceed Afteen
years, and that, ii he were the Governor
of this state and understood the facts OF
tins case as he does now understand
them, he would not hesitate to exercise
| executive clemency ana grant the peli-
! toner pardon alter his serli ing "A sem
tence OF hiteeh years, ana he does so
recommend.
Elitn-Ihat it is the opinion of Honor
able y. L. Catlin, Judge oil the Superior
Court OF sacramento County, VINO is fully
acquainted with The facts III the case that
the case against The petitioner was clearly
not one or murder IN the first degree or
he second degree, and that il the trial
had occurred at a period when there was
no popular excitement, affecting not only
the jurors but the court and officers as
well, lie would not have been convicted
OF any higher oHense than that OF man
slaughter.
Sixth-That it is the opinion OF the Hon
orable Elwood Bruner, The attorney, by
appointment of the court, Tor the ed
tloner III his trial, that the punishment
meeted out has been most unjust; that
| Raten had no malice against the party
! Killed, and under no circumstances
should he have been convicted Of higher
| crime than nIanSiaughter; that a comniti-
TALON Oh his sentence and immediate
| restoration TO liberty would be only an
act OF justice.
Therefore, it is the opinion of the board
that convict No. 1893. Simon Raten, is
| worthy OF executive clemency, and does
most respectfully recommend that his ex-
cellency Il. Ii. Markh ham, Governor of
California, do commute the sentence of
said Simon Raten from life 10 sixteen tI6l
years. This recommendation is approved
| by the unanimous vote OF the Board OF
| Directors.
! AN INNOCENT MAN.
| He has also par6loned August Zimmer-
man, who was sentenced by the SUPERIOR
| Court of Amador County in October. 1883
to Imprisonment for life for murder in
! the first degree, and the pardon Will take
! effect on January 10. 1895.
The State Board OF Prison Directors to
! whom the case was submitted after q
| careful consideration of it, recommends
that zimmerman DO pardoned, for the
! following reasons:
1t appears that the petitioner was con-
vlcted manly upon the evidence of Ed
ward Netf; that without this incrimiuat-
| ing evidence there was no case against
| him.
1t appears from the sworn statement of
| the Hon. Charles L. Jones that. after the
| conviction OF Zimmerman, Neti confessed
TO him personally, under circumstances
! that apparently leave no question To
| doubt the truth of the confession. that he
! had testified falsely upon the witness
stand against Zimmerman, and that he
was convicted upon perjured testimony.
| 1t appears that the late John \. Eagon,
! who assisted IN tie prosecution OF the case
| against the petitioner, affirmed many
times during his lie to divers persons,
! positively and without hesitation, that he
knew beyond a doubt the innocence of
! Zimmerman, and that he would be able
| TO present such strong proofs of this fact
/ that a pardon could not be refused by the
Governor. 1t appears 10 have been the
general Impression amongst those we'll
informed regarding the crime, the men
and the TRIALS. that an innocent man was
convicted and the guilty ones escaped
| The prosecuting attorney says:
Slilce the trial. and III the light of later
events, L must admit | have mad strong
suspicious that Zimmerman was made a
victim OF by the Nets for The purpose OF
shielding John Neh whom / really he
lieVe 10 have been the real criminal
1t appears that all the documentary
evidence presented to this board for its
consideration tends to substantiate and
sustain the truth of the confession of Ed
ward NeH and establish the fact that An
innocent man Is unjustly suffering false
imprisonment, u victim OF perjured testi-
mony.
! Therefore it is the opinion of this board
! that August Zimmerman is innocent of
/ the crime of which he was convicted and
it does most respectfully recommend that
his excellency, the Governor OF Cali
F.! tornia, do pardon him.
This recommendation and these find
! lngs are approved and adopted by the
unanimous affirmative vote OF the four
| directors present.
The Governor says: Hon. Charles T.
Jones, referred to above, is personally
known to me to be u reliable nlan and a
! lawyer with an established reputation
for truth and honesty, and have no rea-
son TO doubt the truth OF the affidavit he
makes.
a CoNYICT's HEALTH BROKEN.
He has also pardoned Marine Wood
ward, who was sentenced i'll the San
/ francisco Superior Court in December
| 1892, 10 the House of Correction for three
! -nsr- n for Z 81