The morning call., 1894-01-26
THE GROUNDS OF OPINION.
He Had Misunderstood Judge Muir
phys Opinion.


SACRAMENTO, Jan. 25.-The following is a
part of the letter to-day addressed by Judge
Murphy TO the Governor in the McNulty case
Hon. .H..H. Markham, Governor of California
DEAR SIR: In compliance with a telegram
from you appear before you in the matter of
the application OF nlcNulty for a Communication
OF sentence. Permit ME at tie outset TO say that
IN an interview with you last evening | was
surprised TO find your entire familiarity with
The McNulty case In all It's details l is but
just TO say that l 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 10 said case more per-
lected than your Excellency has, evIncing TO
my mind that you have devoted much time and
manifested the greatest anxiety to familiariZe
yourself with the case.
Finding you thus possessed of such knowl =
edge OF the case, l am not at all surprised tina {
you came to The conclusion as to the merits of
The case heretofore announced by YOU AS 10
The defense replied upon In the trial of the
case, named Insanity, II is demonstrated now
that that defense was. 10 say the least, false
one. AS TO the grounds now claimed, self
defense, ii seems TO me that the conclusion
arrived at by you was inevitable. that the
element of sef-defenSe aid not exist in the
case. Permit me 10 state that on tile trial OF
the case McNulty had as fair and impartial a
trial as any man eyeT had IN court OF Justice
| am also satisfied that the jury who
determined his guilt were honest, fair
minded and conscientious men. Again /
desire TO state that in the conduct of tie trial
ably presented by counsel for defendant,fwho,
IN my Judgment, on the theory on which the case
was tried, did as well any counsel could have
done. deem II proper 10 state these prelimi-
naries in answer to any claims that have here
tOfore been made on behalf of the accused.
Again, permit me TO say that from my inter
view with you last night, l am satisfied that
you were mlsled to my position IN this
matter. You slated to me that you In
/ formed by Nj Cook, counsel for McNulty, in
response TO youf INQUIRY to why L did not
take some steps in the matter, that l was un-
alteTably opposed TO any Communication or In
reference upon your part IN behalf OF McNultY.
! And also that you were Informed 10 the same
effect by other parties. Permit me to say in
reply thereto that / never so stated to Mr..
Cook TO any one else, that now recOllect Of.
Judge Murphy then discussed at great length
| that feature Of the McNulIy case relating TO the
state of the prisoners mind at The time the
! crime was committed, and concludes as follows:
In view of all the circumstances connected
with the case l believe that the proper admins
tralOn OF the law and Its due execution will not
! be injured by your Excellency exercising your
/ clemency IN this case. From my extensive
! conversation with you 10 this matter | am
! firmly convinced you desire TO act llusty and
| humanely therein. i know you are possessed
! of all the facts and circumstances, and the de.
! tails IN this case, and whatever conclusions you
! arrive at will be conscientious and In Lhe inter
est or the stability ana lnviolabillty of the law
with a keen sense and desire that nothing buI
justice shall be done. Aud whatever the result
may be- and whatever The conclusion you may
reach, am satisfied that 1t will be from con-
|
/ conviction. ID. j. MURPHY.
The following is Governor Markham's state.
ment announcing the Communication OF Nc
| Nulty'S sentence:
Whereas in the month of November 1893
! In the Superior Court of San Francisco John
! Menu who had been tried and convicted oil
! me crime OF murder was sentenced to be
hanged: aud whereas. during all the considers
ton OF this case / have been laOOring under the
| impression obtained from the Daughters of The
Good Shepherd aud from Carroll Cook the at.
/ n he confa
! of tbs same To me, that Judge Daniel j. Muir
| ply OF the Superior Court who presided al the
trial of this case was unalterably opposed to q
Communication OF The sentence; and whereas,
have never interfered with The judgment
of any court III case Of this character
without the recommendation of The
presiding Judge; and whereas, | have
aScertained both by written communication
and by personal interview with Judge Murphy
that he never 20 expressed himself, but that he
| perslstenty refused TO sign the petition pre-
! sented 10 him by these people, which contained
| as be expresses II, ''uDIruthful and garbleC
statements; and whereas. Judge Murphy
| further says he has always been of the opinion
| that "the present administration of the law anC
its due execution would DOT be injured by suct
communication" IN proof OF which he ha'
| that when the verdict OF the jury was Ten
dered In the case he stated to the counsel fo
the defense that personally he would have
| much preferred that verdict bad been tmprsOn
| ment for lIfe." which Impression has never lief
| him; and whereas, tue misleading Statements
| before mentioned have prevented me heretofore
from comforting win Judge Murphy, and hav,
| also prevented me from giving the condemned
the benefit of Judge Murphy's opinion in th'
matter, upon which do not now hesitate to act
Now, therefore i, Ii. II. Markham. Governor
OF the State of California, by virtue OF til,
| power In me vested by the constitution ant
laws OF the State Of California. do hereby com
| mute the sentence OF the said John McNuIiy Il
! Imprisonment III the Stale prison at San Quen
] tin for the term OF his natural life
In witness whereof, have hereunto set M
fhn al
| California 10 be affixed this 18th day of Janu
! airy, in the year of our LoI d, one thousand eign
| hundred and ninety four
h. IL. MARKHAM, Governor.