The record-union., 1894-01-17


sanity in jail was not feigned but real,
but that owing TO the prejudices against
that kind of a plea by the general public
the defense failed. AT the time that it
was first presented to me there was very
little on file in addition TO what had been
considered by Governor Waterman, and
on what was before me at that time, l re-
fused TO interfere. On the second appli-
cation being made, made a very thor
ough examination of the stenographer's
report of the evidence given on the trial
OF the case, together with such ex parte
evidence as was presented to me. l be-
came convinced that the jury decided
correctly and that McNu ulty was not in
sane at the time he committed the homi-
eide, but that he knew what he was doing
and was therefore responsible for his act
Soon after this decision was rendered
and short time prior to the date fixed
for his execution, through you as his at
torney, he presented to me long per-
sonal communication wherein he as
serted, calling God to witness, that he
was telling the truth in the whole matter.
In this communication, he recounted the
events of the homicide from beginning to
end, giving iii detail every occurrence on
that fatal day, admitting that his plea OF
Insanity was false, and claiming that his
real reason for shooting Collins was self
defense. Thus it will be seen from his
own lips that the jury decided correctly,
that Governor Waterman was correct III
his decision, and that | was also correct
in the two decisions made by me prior 10
that time. 1t Will be borne III mind that
McNulty testified on the trial that he was
so badly injured by the blow received
from the dray stake in the hands Of young
Haskell on Saturday that he became
obllvlous OF everything; that he did not
return to consciousness until some time
in the forenoon Of Monday; that at the
time he shot Collins, he was possessed OF
a hailucination that Collins was heading
another mob, and in tact, that be really
knew nothing of the occurrence until
Monday morning in jail.
l am now asked 10 dlsbelleve the evil
dence of two eye-Wltnesses to the shoot
ing, who were present at the cOnverSa-
ton Immediately preceding it and at all
times during the actual occurrence, on
account of their prejudice and untruth-
fulness. and to accept the unsupported
statements of McNulty as presented in
this communication. | have therefore
examined the communication with as
much care as | possibly could have done
had he testified TO the same in open court
upon his trial. He and his friends now
claim as an excuse for his defense OF IN
sanity that he was advised to do so by his
counsel, Mr.. Wilson, and but for that ad
his trial. From the importance Of this
statement l addressed communication
to Mr.. Wilson, to which he has just re-
piled at length, and which contains a
very strong plea i'll behalf of McNulty.
Upon the above point, however. Mir.
Wilson says in his letter; "ln the first
place, The testimony in the case under no
circumstances could warrant any attor-
ney in setting up the plea of sell-defense.
If John McNuity be not guilty OF the
crime of murder, he is SO purely by
reason OF the fact that he was non c0HtpOS
8leJttis at the time OF Lhe act itself, and L
say to you that the defense which L urged
and advocated for him at his trial was
based entirely upon his statements TO
me-"
Again he says: There was not a scin-
tilla OF evidence in the case, and, so far as
| am informed, there never has been any
witness found who Gas been able TO sub
stantiate the theory OF selt-detense. Had
there been any such witness, you may be
sure that [ would have produced him. ]
was more than anxious, for the sake OF
this unfortunate man, as we'll as my own
credit, to secure favorable verdict III
his case; and l assure you thai if, III view
OF the prevailing sentiment and prejudice
against the plea of insanity, L could have,
consistently with the facts, placed any
witness upon the stand TO establish SELL
defense, / would have done So"
McNulty'S version, in his cOmmunica-
ton, OF the facts Immediately preceding
the homicide and at its commission,
upon which he now bases his excuse OF
self-defense, does not differ in any mate
rial point from the other eye witnesses of
the same occurrences, except that Nc
\ ulty claims that Collins was advancing
upon him in threatening manner, with
his hand in his hip pocket The other
witnesses SWore positively that Collins
was not advancing, but had started to
leave, and only turned when Halpin
called to him to look out for McNulty's
gun, and instantly received bullet from
Men ulty's pistol under the left eye. Me-
Nulty claims that Collins had revolver
in his pocket which man named Craig,
who came out of store near by, iInme-
diately obtained, secreted and afterward
sold: and that Halpin and the crowd gem
orally were calling out that he Men ulty)
did not give Jimmy (meaning Collins)
time to draw his gun-all Of which is so
positively contradicted by many wit
nesseS and so improbable on its face as
not to be worth consideration.
It is worthy of mention here that the
man Craig was hard character and died
in San Quentin, where he was serving
his second term year before Men utty
made this statement, rendering it impos
sible for me or anyone else to follow this
matter up. This fact was Tecited by him
personally to McNulty, and this is the
! only source from which it came.
In regard to the contents OF the affida-
Wits which have been presented | find
| but three which have any bearing on the
! facts Immediately prior To and during the
commission of the homicide, namely,
those made by Bagot, Cushing and the
| boy Higgins. Bagot swears that he came
I hn Nf Z l,n
shooting and saw the men quarreling;
| that Men ulty started Off and Collins fol-
| lowed; that then McNulty turned and
| when they were face to face McNu]ty
fired: that he was not witness at the
| trial; that 1.-The affair Immediately passed
| out of his mind, and not knowing any of
! the parties it was never recalled to his
mind until he read IN the Daljy Examiner
and Chronicle the account of the proceed
! ings before the Governor"
This witness version of the affair is
contradicted by every eyewitness of the
! shooting, including McNulty himself,
who says that he started with the others
! to so to a restaurant. Cushing, who is at
! present serving Il term OF nine years in
| the State Prison for assault to murder,
| swears that he saw the men quarreing;
saw Collins endeavor to draw pistol
/ from his pocket, and while he was thus
endeavoring TO draw the pistol McNulty
quickly fired. This witness. like the
/ former one, is contradiCted by all the eye
witnesses, including McNulty. His rea-
sons for not appearing and testifying at
the trial discredit his whole testimony
He further swears that he saw the man
Craig take the pistol from Collins pocket
as he lay on the sidewalk. No witness.
not even McNulty, saw this man Cushing
there; and as the atiidavit was prepared
to be sworn TO IN April, 1891, but was not
sworn to until July, 1892 and under all
the circumstances surrounding it, am
forced to conclude that the whole affidavit
was framed to meet the exigencies arising
in the case, as presented to me. Edward
| faO yr-as how NJ Il x-oorc % rrn