The sun., 1894-11-24

re Defends His Action IN Releasing the
Four Prisoners from Auburn Prison.

Four Prisoners from Auburn Prison.
ALBANY. Nov. 23.-tiov. Flower said tonight,
concerning certain pardons recently granted by
him:
II have within a few days past released four
prisoners from Auburn prison, in regard to
which my action has been put in q false light
by this mornings press dispatches.
THE first referred to Is that OF John
welch. who was convicted in Herkimer county
in 1882 of murder in the second degree for kill
ing his wife. This pardon granted on the
recommendation of Judge Vann OF Syracuse,
before whom Welch was tried: of A. B. Steele
OF Herkimer. who as District Attorney con-
Quoted the prosecution: Of Irving X. Devendorf.
the present District Attorney, and of many OF
the hest citizens of Herkimer county. Judge
Vann in his letter to me states the circumstances
Of the case at length. and states that he was
surprised when the jury found welch guilty OF
murder in the second degree. as he thought
they would probably convict him OF man
slaughter. that the Justices OF Sessions were
OF the same opinion. and all OF them thought
the jury held Welch to a very rigid accounta-
bilty, and that he was so impressed with this
view that, after pronouncing sentence. he told
Welch's counsel to say TO him that u he con:
Quoted himself properly for ten years he would
recommend pardon; He SAYS further that after
welch had been in prison little while he learned
through the papers that he had attempted to
break out by cutting hole through the wall,
and had nearly effected an escape when dscov-
cred but that since then. as he was informed
by the Warden. Welch's conduct had been ex-
cellent In every respect, and he recommends
that when WEIGH has conducted himself prop
erly for ten years he be pardoned. that being .
sufficient punishment for the crime.
Another OF the cases referred to Is that OF
George ID. Carey, who was convicted OF murder,
first degree in Onondaga county in 1870, and
whose sentence was cOmmuted by Gov. Hoff-
man TO Imprisonment for life on the ground
that Carey was not mentally responsible. At
the time OF his release he had served term Of
more than twenty-four years, equivalent, with
the usual allowance for good conduct, to
forty years. Frederick A. Lyman, who was Dis
trict Attorney At the time of the conviction,
wrote me recently, recommending that Carey
be pardOned on the ground that he had been
amply punished. Clemency was also strongly
urged by citizens of the best character. Carey's
conduct had been excellent during his long i'm
his crime. Both Welch and Carey were released
ON condition OF Total abstinence forever from
the use OF intOx cating liquors. For any viola
tion of that condition the life sentence must be
served out.
"Ths third case Is that Of Anthony Cole. who
was convicted In Rochester OF obtaining sigma
ture by false pTetences. He is old and very
feeble, and had served all but six months OF his
three years term, and Judge Werner, who SEN
fenced him, Joined with number Of prom
nent citizens OF Rochester In recommending his
release.
convicted OF incest in $50. The District At
commended his pardon ON account of tine grave
doubt existing as to his guilt
in these, as In all applications for Executive
clemency, acted only after a careful and pains
tax ing examination of all the facts, and think
have made no mistake In either OF them"