The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1896-06-12
AN INNOCENT MAN IN JAIL.
Sentenced to Serve Twenty Years for a
Robbery.
The Real Robber Declares That
Garcia Had No Hand
IL
In It.

The San Francisco Bulletin states
that a petition has been prepared and is
about to be presented to Governor Budd
for the pardon of Charles Garcia The
latter, who is serving a sentence of
twenty years for robbery, declares that
he is innocent of the crime, and pro-
duces affidavits which will be presented
TO Governor Budd during the week, and
which no doubt will result in his par
don.
The circumstances surrounding Gar
cia's case are very peculiar On the
night of November 4, 1898, a Chinese
servant in a Grant-avenue saloon was
held up by two men on Stockton street,
near California, and robbed of S25 in
cash and other valuables. Despite the
fact that it was dark and the attack
upon him quite sudden, Leoung Tom
swore he could identify the men on
sight
A man named Isidor Baldwin was ar
rested as one of the robbers and iden-
tilted by Leoung Tom. Garcia was
known to be an acquaintance Of Bal
diva, and he was arrested as an ac-
complete. Garcia protested that he
knew nothing about the affair, and that
his mother could testify that he was
asleep at l o'clock, the hour at which
the robbery took place. Leoung Tom
swore positively that Garcia was Bal
divia's accomplice, and he was held to
answer in the Superior Court.
The jury in Judge Wallace's court
at that time rather prided itself on it's
reputation Of being terror to the GRIM
mails who appeared in that court for
trial Few, If any, escaped conviction
II there was any direct testimony as to
the guilt Of the accused. Garcia ap-
peared in court on January "a, 1894, and
his trial began. The only witness
against him was the Chinese, and he
swore positively that Garcia was one
IF the two robbers who mad waylaid
him.
MRS. Garcia, the mother Of the boy
then IL years old, swore amid tears that
her boy was asleep on the night Of the
ROBBERY, and that he had not been out
OF the house that evening. He was en-
ployed in one Of the markets and was
very industrious. His employer testi-
fed to Garcia's good behavior, but de-
spite this testimony and the simple
story of the prisoner that he knew
naught of the affair, his conviction fol-
lowed, and few days later Judge Wal
lace sentenced him to San Quentin for
a term Of twenty years.
The story Of Garcia was brought to
Attorney Shaw's attention few days
ago, and, convinced that an innocent
man was suffering, he prepared a petit
ton to Governor Budd for his pardon.
In support Of the petition is an affida-
Wit of Isidor Baldivia, now at San ouen-
tin, who declares that he had not seen
Garcia for several weeks prior to his
arrest.
Il alone robbed Leoung Tom" said
he. THE Chinanan thought he saw
two men, but he did not l declare be-
fore God that Garcia is innocent Of the
crime of which he was convicted"
Garcia belongs to an old Spanish
Californian family and prior to his ar
rest had never been in trouble with the
police. The case has awakened SYM
pathy in police circles and no protest
against his pardon will be filed. On the
contrary, every effort will be made to
secure the release of Garcia, who now.
as an innocent man, is serving a SEN
tence on the mere identification of an
irresponsible Chinese who had been
robbed by one man, but who, never
theleSs, declared that there were two