The record-union., 1894-01-17
M'NULTY WILL HANG.
Governor Markham viii Net Commute
His Sentence.
The Murderer VIII be Executed on
the 26th of This Month, in
San Francisco.

San Francisco.
Governor Markham has decided that he
will not commute the sentence of John
McNulty. sentenced to be hanged at San
Francisco one week from FTiday-Jan-
uary 26th.
McNulty was convicted of the murder
of John Collins, in San Francisco, nearly
six years ago, and his case has become
celebrated one from the extraordinary
efforts that have been made to save him
from the scatfold. The case has been to
to the State Supreme Court twice and to
the Supreme Court of the United States.
The decisions were always against Nc
Nulty.
Governor Waterman refused to COM
mute the sentence, and Governor Mark
ham has three times refused prior to this
time. The Daughters of the Good Shep-
herd and Father Riordan Of San Fran
cisco have continued heroically to battle
for McNulty's life and have secured the
names of thousands OF persons to petl-
tions for Communication.
Governor Markham again took up the
case aud gave it most thorough eXamlna-
ton and consideration. His conclusions
are set forth in letter sent yesterday 10
Carroll Cook, McNulty's counsel. 1t is a
most exhaustive document and presents
the case III such a clear light that, though
it is long, we publish it in full. 1t Will
be found deeply interesting:
EXECUTIVE DEPARTMENT,
SACRAMENTO (Cal.), Jan. 16, 1894.
Hon. Carroll Cook. San Frd1ecaSc0-
DEAR SIR: Having arrived at a conclu-
sion in the case of j ohm McNulty, now be-
fore me for commutatlon OF the sentence
of death to that of life Imprisonment, l
deem it my duty, in view OF the legal pro-
mlnence of the case, and the strenuous
efforts of his friends to obtain for him
either executive clemency or release
through the courts, TO give my reasons
for my present action very fully.
| have received at least one hundred
and fifty letters from many prominent
people, including United States Senators
Perkins and White, Hon. w. +. titZ-
gerald, Hon. W. W. Foote, Hon. L. j.
Geary and Hon. J. II. Mcguire Con
gressmen), Hon. r. B. Carpenter, Gov
ernor John q. Downey, Editor ). d.
Barry. Father RlOrdan, Hon. ii. Z.
Heighton, Mrs. Sarah b. Cooper, and
Messrs. Stonehill and Sullivan, who pro-
secuted the case, and many others. l am
also in receipt OF petition signed by
about seven thousand citizens of San
Francisco. of which the following is
copy:
SAN FRANCISCO, November -, 1898.
Hon. II. II. Markham, G0CeI7lO9 Of CdtJOI7}ld,
Sdcr0HeHtO-DEAR SIR: As citizens of san
francisco, Cal who know the sentiment eX-
listing in this community, and what the viii
OF the people is therein, respecting the pun
ishment that should have been imposed upon
John McNulty, now under sentence of death
for the killing OF James Collins, we, the un-
dersigned. respectfully address you.
We respectfully ask your furtner considera-
tion of the petition tor communication OF SEN
tence now on tle IN your ofhce on behalf OF
said John McNulty. We all and each of us
feel that in the killing of said Collins there
existed for said McNulty mitigating circum-
stances, which at his trial were testified to
only by witnesses adverse to his interests and
were not fully understood or considered, oW
ing to the fact that his counsel based his
whole claim 1or acquital upon the ground OF
insanity.
Weaiso feel that, had such facts been testified
to by the witnesses whose afhdavits have been
presented to you, the witnesses VINO testified
upon the trial OF DlcNul1y would not have
been as fully credited as they We're.
Again, we do not consider, in the light of
the afidavits presented to you concerning the
conduct of the juror Pomin, that said Nc
Nulty had that fair trial by an impartial jury
accorded to him by the Constitution of our
Stale.
We are confident that it is the sense of Ibis
community that as said McNulty has already
suffered, twice over, all OF The penalties Of a
death sentence by reason of his having twice
gone through the dread ordeal of anticipating
The same, coupled with other reasons herein
enumerated, the ends of justice would be best
subserved by the granting TO hlm, by your
EXcellency, of a communication Of his sentence
to life Imprisonment.
knowing that this is the opinion and wish
OF q large majority of the citizens OF this city,
we respectfully urge that now, at this date, il
still being possible so 10 do, you 90 reScind
your former opinion hereon, and extend to
said McNulty that clemency which it is
within your power to extend, by committing
his sentence to imprisonment 1or life
Respectfully.
knowing the ease with which sigma
lures TO petitions are obtained, and in
many instances how very slight ali ac-
the case, l am 10th to believe that a little
over two per cent. of the population offs San
Francisco who signed this petition,
voices "the will of the people," as
claimed therein. But be that as it may, l
have given the case the more careful con-
sideration on account of this statement,
as well as the petitions and letters. The
other claims made in the petitions will
not be answered seriatim, but Will be
found to be fully considered as the his
tory of the case progresses.
This homicide was committed on the
25th day of March, 1883, almost six years
ago. Soon after his conviction, a petition
supported by numerous affidavits, was
presented to Governor Waterman. On
the Sth day of May, 1889, Governor
Waterman denied the application. APP
plication was then made TO me for COM
mutation of sentence, and on the Doth
day of May, 1891, l denied the same.
Application was again made and on the
10th day of August, 1892, was denied.
Application was for the third time made
TO me and was again denied on the 18th
day of August, 1892. The present appIi-
cation is made with much more earnest
ness than ever before. During all this
time this case has been before the
courts upon legal technicalities. Nc
court after the one in which he was con-
victed has been called upon to pass upon
the merits of the case or review the evi-
dence. / have on different occasions
granted two reprieves in this case. in
order that he might have the benefit o.
any doubt as to the facts therein.
From the papers on file, l find that the
application made before Governor Water
man was based entirely upon the grounds
of insanity, and was supported by strong
afIidavits made by the Jail officials anC
residents in the neighborhood where The
mother of McNulty resided, showing
that she had been seized with a severe at
tack of insanity. Also one from Hon
John n (. Wilson, who defended hin
upon his trial, in which he AYERS that ht