The record-union., 1894-01-26
TOO MUCH PRESSURE.
McNuIty's Neck Saved by Unprece-
dented Efforts.
Governor Markham Finally Commutes
the Sentence of the Muir
derer.


ecution of the law which ever took place
in this State or probably in the United
States. The struggle has been TO save the
neck of the murderer John McNuIty, and
the energy and persistency OF those VINO
have been engaged in it in behalf OF the
murderer has had no parallel in the his
tory of criminal Jurisprudence in this
country. The final result is due mainly
to the untiring efforts OF the excellent
women of the society of Daughters of the
Good Shepherd, Father Riordan OF San
Francisco and others. The warm-hearted
and sympathetic ladies of the society
mentioned took up McNulty's case I'M
mediately after his conviction. over five
years ago, and have fought for his lie
ever since. They circulated petitions to
the Governor asking for a Communication
of the sentence and secured the sigma
lures of several thousands of people, in
Guiding nearly all of the public officials
of San Francisco and of the State.
John McNulty murdered John Collins
on the Goth day of March, 1888, and was
convicted several months later. No ore
disputes the fact that he had a fair and
impartial trial, and was properly con-
victed of the murder, but it is urged that
because OF the long delay, caused by his
appeals to higher courts and TO the Gov
ernor, during which time he has lived in
constant dread and mentally suffered
death many times, his sentence ought to
be commuted to imprisonment for llfe
McNulty's case was appealed TO the
Supreme Court of the State and to the
Supreme Court of the United States. the
decisions always being against him. The
first application for "a Communication was
made to Governor Waterman and de-
MED on the Sth of May, 1889. Applica-
tions were made to Governor Mark ham
and denied on The 29th of May, 1881, tne
10th of August, 1882, and the 18TH OF
August, 1892.
on the 18th of this month Governor
Markham denied the fourth application
made to him, and in doing so, in a letter
to defendants counsel, reviewed the case
from beginning to end, reciting all the
leading facts brought out in evidence.
His letter concluded with the following
words:
81 am thoroughly convinced that he
did NOT shoot Collins in self-detense, nor
do l find any su bstantial facts in this case
that would justify him in taking the life
Of a human being, as he did that of his
victim.
II have given this case the most careful
consideration that is possible for me TO
bestow upon it, and that, too, without the
slightest prejudice for or against Nc
Nulty. / have considered every fact and
every feature of it with the same absence
of bias, as though it had never been be-
fore me until now. Impressed as L am
with the merits of the case, l do not think
it proper to interfere with the verdict OF
the jury and the judgment of the court,
and, therefore, | must decline to do So"
Even after this decision McNulty's
friends were not dismayed, but continued
10 plead with the Governor up to yeSter-
day-as McNulty was sentenced TO be
hanged to-day. The appeals made to the
Governor are familiar to the readers Of
the RECoRD-UNION. Yesterday victory
perched upon their banners and the
Governor rendered the following de-
cisiOn:
THE COMMUTATION.
WHEREAS, In the month of November,
A. d. 1898, III the Superior Court in and
for the City AMI County OF San Francisco,
John McNulty. who had been tried and
convicted OF the crime OF murder, was
sentenced to be hanged; and whereas,
during all the consideration of this case
have been laboring under the impression
obtained from the Daughters of the Good
Shepherd and Carroll Cook, the attorney,
who had charge of the presentation
OF the same 10 me, that Judge Daniel j.
City anG County of san Francisco, who
presided at the trial of this case, was un-
aiterably opposed to the Communication of
the sentence; and whereas, have never
intertered with the Judgment OF the court
in case of this character without the
recommendation of the presiding Judge;
and whereas, l have ascertained by both
written communication and personal in
terview with Judge Murphy that he
novar co avnroscad hitncalf hI1t that hl
persistently refused to sign the petition
presented to him by these people, which
contained, as he expresses IL, "untruthlul
and garbled statements; and whereas,
Judge Murphy further says that he has
always been of the opinion that the
proper administration of the law and its
due execution would not be injured by
such commutation,' in proof of which he
has said 10 me in his written statement
that when the verdict Of the jury was
rendered in the case, he stated 10 the
counsel for the defense that personally he
would have much preferred that the YER
dict had been imprisonment for life"
which impression has never left him; and
whereas, the misleading statements be-
fore mentioned have prevented me hereto
fore from conferring with Judge Muir
ply, and have also prevented me from
giving the condemned the benfit OF Judge
Murphy's opinion i'll the matter, upon
whicn l do not now hesitatee TO act;
Now, therefore, l, II. II. Mark ham,
Governor of the State of California, by
virtue of the power in me vested by the
Constitution and laws OF the State of Cali
fornia, do hereby commute the sentence
of the said John McNulty to inlprison-
ment in the State Prison at San Quentin
for the term of his natural life.
In witness whereof, | have hereunto
set my hand and cause the great seal of
State to be affixed this 25th day of Janu-
airy, in the year of our Lord one thousand
eight hundred and ninety-four.
II. II. MARKHAM, Governor.
Immediately after the Governor ar
rived at his conclusion Private Secretary
Higgins sent the following dispatch to
Sheriff McDade of San Francisco:
Governor has commuted sentence of
John McNulty 70 Imprisonment for life.
/ will bring official documents with me
TO San Francisco in the morning"
JUDGE MURPHY's LETTER.
The letter from Judge ID. j. Murphy,
on which Governor Markham at last de-
cided to commute the sentence OF Nc
Nulty, is somewhat remarkable docu-
ment and will be read with deep interest.
1t is as follows:
In the matter of the application for COM
mutation of sentence OF John Men Nulty.
Hon. II. II. Markhan. CfoUea1aor of
CutTOfatd-DEAR SIR: In compliance
with the telegram received from you, [
appear before you in the matter of the
above application; and permit me at the
outset to say that in the interview with
you last evening. lasting some two hours,
l was surprised 10 lind your entire ia
miliarity with the McNulty case aud all
its details. 1t is but just to say that | am
convinced that no person. whether Judge
or lawyer, could make more thorough
analysis of the case or have all the facts in
detail relating to SAID case more perfectly
collected than your exeellency has, evinc-
ing to my mind that you have devoted
much time and manifested the greatest
nnNiafu 10 fainiliariza rnnrsnlt ,,.ith u. =