The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-01-24
MCNULTY'S LIFE.
Strong Appeals Made to
the Governor.
A COMPUTATION ASKED.
Four Times in the Shadow of
Grim Death.
JUSTICE TEMPERED BY MERCY.
The Mayor, the Sheriff, the District
Attorney and Public Sentiment
Favor ClemenCy.
JUSTICE TEnPERED BY MERCY

John McNulty passed Monday night
restessly, securing only about TWO hours
uninterrupted sleep. The remainder of
the time he tossed fitfully on his cot. He
arose at z O'clock and half an hour later
received Father Jacquet, who remained
some time, giving the prisoner spiritual
consolation.
The peaceful frame OF mind which
marked the prisoner on Monday as noted
in THE CALL, left him yesterday knowl-
edge that final effort was being made to
induce the Governor to commute his seu-
tence disturbed the serenity which the ex-
pection of certain death had wrought upon
his feelings. He had little appetite, and
while be passed the greater part of the
day in meditation and prayer before his
crucifix. he showed unmistakable restless
ness.
He received no visitors, except Father
JacQuet. and repeated his request of the
day before that no one should be admitted
to see him.
The sentiment is growing that McNulty
has been cruelty tortured by suspense and
that he has at several distinct periods gone
through the mental agony of death.
Chief Jailer Fitzpatrick related to re-
porter hat he happened to be in front of THE
CALL Branch Office when the news was bulle-
tined one DAY last week that Governor Mark
ham had declined TO interfere. Fitzpatrick
mingled for ten or fifteen minutes with The
crowds who stopped TO read the announcen emf,
and all around him the only expressions he
heard were. FPS too bad"
The galows is finished and everything In
readiness for tbe execution except the rope
The first ray OF hope for a Communication of
the sentence Of death TO Imprisonment for life
shat has entered the deatb-watch cell of John
McNulty since Governor MaTkham's decision
was rendered III the case week ago came last
n gIEnR of turn doll
Sacramento, where they had been in earnest
consultation all day with the Governor. The
news, which il is hoped could carry JOY aud hap.
plneSs 10 the condemned prisoner and satisfy
the major part Of public sentiment is not
as yet certain. All day long tie Governor
was besieged with visitors, petitions ana letters
praying that the spirit of humanity, in consId-
Grafton OF what The prisoner has ALREADY suf-
fered, might temper The literal vindcatiOn of
the law. While not one iota of expression
would the Governor give as 10 what his course
would be until he had again gone over the case
not one OF the representatives who went to
Sacramento returned without hope in his
breast that Governor Markham would yet be-
fore IL was TOO late. mete out mercy 10 the man
who has already suffered so much
The evidence IN the case in detail has again
and again been thoroughly examined by his
EXcelency until its minutest points have been
made clear 10 him. In all the interviews which
he has had with those who have gone to him
begging TOR mercy for McNuty he has said
that from his thorough understanding OF the
case he cannot do otherwise than refuse q
COMMUNICATION. Win lD6S6 iactS presented the
efforts OF those who are interested in the case
are bent toward d Communication through Justice
tempered with mercy. The claim that lie i'm
prisOnment, taking INTO consideration the bor-
llble agoneS which the condemned prisoner
has four times suffered by having a death
watch for companion and hearing his scaffold
put together Will satisfy the ends of Justice
On Monday afternoon the first delegation left
for Sacramento. Ii was composed OF Sheriff d.
a. McDade. u. II. Barry and T.sSullivan. On
arriving They at once proceeded TO the Capitol
huil0iup. "a
in his office. For TWO long hours the interview
tasted. The case ID full was gone over, and its
points to be taken into consideration In plea
for mercy were brought out clearly. that the
Governor might fully understand the features
that would warrant him in exercising his COM
muting power. After listening to the Sheriff
and those who were with him to aid In the an
peal the Governor promised TO look into and
review the circumstances of the case again. In
thus obligating himself he gave TIL gentlemen to
understand that no matter how often he should
review the evidence he would not change the
opinion which he had formed regarding il, but
would consider il from a standpoint of mercy
and justice to be melted out TO fellow human
being. The salient points on which the appli-
cation are based and which were laid before
the Governor In manner TO carry conviction
or their weight by Sheriff McDade were the
suffering alre ady endured by McNulty by hay.
ing four times since his Incarceration sat in the
lonely cell with none other Tor company than
his death watch; having four times heard the
sounding OF The black rafters as they were
driven together TO form platform upon which
The agonles and feelings of death which the
ordinary man under similar sentence for a
similar crime is not called upon to endure;
haVlDg taken adleu Tour times OF life and those
he loved preparatory 10 satisfying the law, and
also OF bis youth, nineteen years when the
crime was committed. All these points, with
many others that at another time would not be
considered of vital importance, occupied the
time in presentation Monday evening.
Yesterday mornings early train carried
Mayor Ellert and District Attorney William S.
Barnes to Sacramento TO add their pleadings 10
the many thousands OF others that have ALREADY
been laid before the chief executive asking for
clemeDcy. Neither OF the Two gentlemen was
aware of the others intention 10 visit the Gov
erlor in McNulty'S behalf until they met on the
train In the morning. Tie evening before Mr..
Barnes received telephone message from the
capital saying that Governor Markham desired
20 have an interview with him regarding the
case and TO get his views. The answer was re-
turned that he would go, and at once he
sent messenger 10 Carroll Cook, attorney for
bIcNulty, asking that he come 10 MS house On
Mr.. COOKS arrival Mr.. Barnes acquainted him
wtth the puiport of his message, and that he
was going to see the Governor. Mr.. Cook
had no instructions TO give and thought he
could do no material good by accompapyinp
the District Attorney, so decided to remain al
homo.
Mayor Ebert ana Mr.. Barnes arrived at the
capital at IL: 30 o'clock, and the District AT
tOrney was at once admitted into The private
office Of the executive, where he had Ions
talk over the case with Governor Markham
On his emerging Mayor Ebert was admitted
and also had protracted interview in private
When MIR. Barnes was seated, Gov.
ernOr Markham asked him to state hi,
views in the case. The District Attor
ney said that, although the case had no
been tried during his term Of office, 1t being il
the time of District Attorney Stonewell he haC
represented the city IN numerous habeas CORPUS
proceedings and appeals, and from this connec
lion 1t was his belief that McNulty was guilty
of murder, but that he should not be hanged.
he said he thought Communication OF sentence
10 life Imprisonment would satisfy The
law. The grounds for this belief MIR
Barnes said were: McNulty had beer
prisoner for six years; he haC
four times been under the sentence OF death
four times in the condemned cell; four times
death watch had been placed, and four time!
he had suffered the agonies of dissolution. unit
now the hours Of death were past. He believed
that Justice would be satisfied il these were
taken into consideration, and would most re
spectfully urge that he (the GovernoD should
exercise bis prerOgatiYe and commute The