The record-union., 1894-03-01
PARDONO AND CONCENTRATIONS.
Governor Markham Records Four in
One Day.
Two Men Sentenced on Perjured Eyi-
dence of Xyomen-An Excess
sive Sentence.

Governor Markham has pardoned AL
bert Heuck, who was sentenced in the
Superior Court of San Diego County in
October, 1889, to seven years at Folsom
for an assault to rape. He gives the fol-
lowing reasons for his action:
From written evidence produced by
Walter Ferral and NJ. L. Ward, District
Attorney Of San Diego, it was shown that
Heuck was convicted on the testimony OF
the complaining witness, who swore posi-
lively that at the time of the alleged as
sault she had never had intercourse with
another person. Since his conviction,
however, it is proved that before that
time she was living with another man.
1t further appears that at the time OF
the trial her true character was not
known, nor was the fact known that she
was living as kept mistress Of the man
spoken Of and the associate Of persons OF
questionable morality.
Further, it appears that since Heuck's
incarceration she has brought suit for
damages against another party with
whom she claimed TO have been crlml-
nally intimate prior to the time OF the al
legged assault by Heuck, and as the Dis
tr1ct Attorney found her testimony IN the
have anything to do with the last case.
The State Board of Prison Directors be-
ing satisfied that Heuck. had been un-
justly condemned on perjured testimony,
recommended his pardon, which IS
granted, and he is restored to citizenship.
lie has also pardOned Marcus Cesena,
sentenced by the Superior Court or Mon
terey County in September, 1889, to six
years. Imprisonment at San Quentin Tor
an attempt at rape.
The state Board Of Prison Directors,
after careful investigation of the case,
have recommended that the sentence be
commuted to four years on the grounds
that from the testimony submitted there
seems to be grave doubts Of his guilt.
1t is shown by letters from many prom
inent citizens that the prisoner had an
excellent reputation prior to his conVIc-
ton. and the petition is signed by the
majority Of the jury that convicted MIN,
the Sheriff and District Attorney OF the
county and many prominent citizens and
county officials.
1t also appears from the papers on file
that it is the general impression among
the better class of people IN the county
that the defendant was innocent OF the
crime, and the party on whom the assault
was claimed to have been committed has
at different times and to different people
acknowledged that her testimony was
false He Is therefore pardOned and re-
stored to citizenship.
He has also commuted the sentence of
Henry Hunt, who was sentenced in
March. 1882, by the Superior Court Of Los
Angeles County TO Imprisonment for life
for murder in the first degree, to twenty
one years.
The Prison Directors have recon-
mended the Communication for the reason
that the murder was not a blOoded,
deliberate one, the man killed having in
terfered while defendant was trying to
shoot another man, and the killing being
apparently accidental
Although the prisoner was an old man
at the time Of the murder, he had always
borne good reputation as a peaceable
man, and was not bad man, rutfian or
a desperate. In the opinion Of ex-Sheriff
W. b. Rowland and a number of other
prominent citizens, the punishment was
an excessive one under the circum-
stances and the prisoner was guilty of no
higher crime thau manslaughter, and is
fit subject for executive cIemenCy. His
conduct has been uniformly good since
his Imprisonment, and Warden Aull and
Captain Murphy unite in recommending
him to cIemency. He is now old and
feeble and has now been iucarcerated for
nearly thirteen years, and it is the Opin-
ion of the board that he has been sufli-
GENTLY punished.
His sentence will expire in February,
1893.
The sentence of Henry L. Azbnl Lil-
burn Azbill) who, was sentenced by the
Superior Court of Ventura County in
1892 to four years Imprisonment for as
sault to rape, has been commuted to two
and one-siXth years, to expire next
month.
Hon. B. T. Williams, Superior Judge of
Ventura County, who sentenced Azbill,
says that the boy was beyond the age when
he could be sent to the Reform School,
where he should have been sent rather
than to San Quentin. The girls father
and mother have since related facts that
raise doubt as To whether the offense
was actually committed, and the boy and
his parents were densely ignorant. His
father has died and his mother and her
children are county pensioners. He has
always behaved well and complied with
all rules of the prison, and the directors
think that the ends of justice have been
attained.