The morning call., 1894-01-25
TELEGRAMS TO MARKHAM.
JUDGE MURPHY SENT FOR.

demuedS cell IN the County jail, was
made aware yesterday of the efforts that
are being made to save him from death on
the galovs. but he did not by any out
ward sign or by word give out that he
expects that those who are acting in his
behalf will succeed in inducing the Cover
nor to commute the penalty in his case
Yesterday his mail was much larger
than it has been on any day since his in
generation. a large portion of it was
delivered ty messenger boys. There were
kilograms from friends and interested
people all over the State. Among his
letters, that are delivered several times
during the day by the regular post, were
those from old friends and schoolmates IN
far-off Canada Each was read in the
same melancholy manner and then placed
with the fast-ncreasng pile on his table.
His city mail was mostly from those who
had called at the jail and been refused ad-
mittaDce TO his cell. They contain all
kinds OF offers OF assistance. In almost all OF
them the same expression In substance is IN
dlted: me. if | can do anything for you. or ii
there is anything you want, let Inc know and
viii get ii anu send IL TO you"
While all the offers are kindly thought OF
none OF them nave been accepted. Even the
letters themselves are filed away unanswered.
Through lie kindness of Sheriff McDade
even the slightest wish of the man consistent
with the PRISON rules has been gratifed.
Among many kilograms that McNuIty re-
celveG yesterday afternoon was the following
which he after reading. directed TO be delV
cred 10 his attorney, Carroll Cook:
HoLLIsTER, Cal. Jan "a.
J. AcNtfty. CtFDfV JTft-lt you were tried Gu In
formation nave some of your friends go before the
United States District Judge and have a writ of
babeas corpus issued. l refer you the fifth
amendment OF The constitution Of the United
States. TUBAL C. BROCK.
Mr. Cook sent a repIy to Mr.. Brock last
evening saying that the Supreme Court OF the
United States bad decided TO the reverse in the
case OF Hurtada great many years ago.
A number Of kilograms were sent 10 Gov
eTnor Markham yesterday from this CITY,
signed by some OF the most prominent aud
influential citizens. All were OF the same I'M
pOrt-urgiBg The chief executive to reconsider
his decision and commute the sentence To i'm
pTsOnment for life. Late in the afternoon the
following petition was wired 10 the Governor
at the capital:
TaRento. C1i: We, the und ersigned citizens OF
san Francesca. do sign this petition urging you
10 fmpriSo cut Tor life; William Mcdonald,
Paris Kilburn, u. NJ. Burns, 5. ii. Thornton, }.
NJ Litchfeld. ". d. Sauborn. !. b. Sanford, J.
Currier. +. a. VAL. j. l. Crittenden. J. q. Geist-
log, Johu A. Roster, A. f. Castle, G. C. McDou-
gall, George II. Puppy.
In addition 10 this many of the signers sent
personal appeals by telegram.
Yesterday morning Mayor Ebert District
Attorney Barnes Sheriff McDade and Superior
Judge Levy called upon Judge D. j. Murphy
in his chambers in the City Hall TO urge
him 10 aid il the intercessiOn in McNulty's
behalf.
The position taken by Judge Murphy is that
as sentencing judge his part Is con- 9leted
and that 1t is hardly right that at this lime he
should be placed IN the position of arbitrator.
He said. however, that If Governor Markham
would request MIN TO 90 20 Sacramento and
state his inclination IN the matter he would
comply.
Mayor Ellert will make final appeal to-day
10 Governor Markham in behalf or John Nc
Nulty. He devoted all his time yesterday 10
securing information from the police authori-
ties ana officers OF the Superior Court, and ex-
ertln2 his influence IN various directions TO save
McNulty's life.
Il have done all in my power" said he, land
now am going 10 Sacramento on the O'clock
train. i Will see the Governor tonight or to-
morrow morning and then Governor Markham
will give decided answer. What that will be
OF course l can't say. though eve ythiDg ap-
pears favorable for McNulty. ] have written
letter 10 The Governor stating the case as close
as l can arrive at the facts"
The letter was mailed 10 the Governor early
in the day, and no doubt reached him at Sacra-
mentO before Mayor Ebert could ask for an
interview. Ii is as follows
san FRANCIsco, Jan "a, 1894
Hon. H. II. Markham, Governor Of the state Of
CGiifor7,ia-DEAR SIR: AS Mayor OF the city ana
county OF San Francisco / have been appeaie ed to
an examination into the case OF John McNuitv
under sentence OF death for murder, and if in my
opinion, the circumstances warrant, TO ION in tae
request MADE OF you Tor Communication Of the
punishment Of John Men ulty TO imp lsonment for
life.
without being able to examine the testimony
thoroughly for want Of time, ana il being inpera-
m
sentence De lnaue AZ once u proper have inter
viewed the Chief OF Police, Captain Lees the Dis
frIct Attorney and others familiar with all the cir
cuinstances OF the CRIME. and find their cOnclu-
sons aud opinions universally in favor or a com
mutation of the death penalty, it being supported
by citizens who are not IN favor Of extending
sympatny aid through maudliu sentmentality
TO criminals VINO violate the law and take human
life
In common with all good citizens deprecate
the immunity tina murderers seem to possess from
1.-THE proper ana Just operation OF the law. and have
3lo sympathy with or for the person who has de-
l'rived human being Of life but believe that
speedy punishment shonld follow crime Tor the
protection of life. which seems to be too lightly
ESTIMATED.
In this case however all the facts as evidenced
by the actions of the judicial officers and officers
,Of the or 4minsl departments, who all familiar
with the case tend TO show and demonstrate
clearly that justice would be amply subserved by
"a Communication of the sentence of ohm McNulty.
that John McNulty should rot be executed and
tn common with many OF our fellow citizens join
IN suppllcatlon 10 yon In whose hands the life
death OF this unfortunate rests, that you will
avail yourself OF your preroRative and commute
che sentence from the death penalty TO that OF
imprisonment for life. Respectfully,
L. h. ELLERT
"Judge Murphy will go ND with me To-
light aud VIII see Governor Markham" added
che Mayor as he started In a hurry for the train.
Sheriff McDade is hopeful that executive
clemency will be extended TO the condemned
lit is good sign to see Judge Murphy going
I'D to Sacramento at the Governors request"
said be. San Invitation was extended by Gov
ernor Markham, and does II NOT look a. II his
Excellency meant 10 give all sides of the sub
tect full consideration? / think that good
deal Will depend on Judge Murphy's opiDlon.
The Governor will make up his mind alter
conference with the Judge, and then shall
know tomorrow what /, McNuty's fate"
Mayor Ebert ard Judge Murphy left on the
O'clock train for the capital. Before leaving
fhe Mayor was authorized TO say that all the
Justices of the Supreme Court were n favor OF
communication. He was also handed a letter
written by Justice Fitzgerald and TO be pre-
ssented to the Governor.
letter written by W. Fl. Beatty. Chief JUS
ice OF the Supreme Court, was telegrapbed TO
Governor Markham last night. In 1t the writer
q avs:
believe the case is one that does not demand
Al re inihctton OF the extreme penalty and should
bl' personally gr titled 10 hear that the death
fe nee was committed to Imprisonment for Iife
eY en- for number years.
feel TINS the more strongly because the man
mas already been punished by frequent sentences
end stays OF execution beyond all precedent. But
y would not for this reason alone advocate q COM
mutation or his sentence If thought the murder
cold blooded and deliberate.
DO not think 1t such and i am satisfied
that very largo proportion of the best and most
1aw-ab1dtng citizens OF san Francisco share that
opinion. feel sIrnngiy that the infction of tn
death penalty wound be excessive and [ am firmly
convinced that under the circumstances which
make such punishment apparent cruelty Won