The San Francisco call., 1896-12-13
Petitions for Pardon and Parole
Acted Upon at San
Quentin.
Death of a Convict Whose Skull Was
Fractured by a San Bernar.
dino Officer.


release on parole or pardons. In the lat
ter class was Ramon Herrera, who prayed
for full pardon, claiming that he was un-
justly convicted and innocent of the crime
of which he was accused. The board will
recommend the Governor TO grant par
don.
Herrera's case is OF more than passing
interest, and the injustice to the young
fellow was first made public in the col
umns of The CALL four weeks ago. In
November, 1888, two armed men robbed
Chlnaman OF several dollars and aNgold
watch on California and Stockton streets.
Isador Baldivia and Herrera were arrested
for the crime, and the Chinaman identi-
fed them as the robbers. From the first
Baldivia, who made no defense. asserted
that Herrera was not guilty, but he de-
clined to give the name of his partner in
crime. A little later the Chinaman' s
watch was recovered in a pawnshop,
where Manuel Porti lilo had sold it.
Portillio was arrested, but the China
man, fearing conviction for perjury if he
should change the testimony he gave in
the Police Court, still eclared that Her
rera was the second man. Even before
dChuONl6QS6U
several persons that he and not Herrera
was the guilty person, but to be brief, he
was acquitted and Herrera, then about Is
years old, was sentenced to twenty years
imprisonment Baldivia was sentenced
for life Portillio went to Mexico, one of
the conditions of his acquittal being that
ne leave the State, and ne was killed in
that country while trying to rob train.
The directors IN reviewing the testl-
mouy of the trial and the evidence of the
young fellows innocence as developed
since the trial. expressed their surprise
that the Jury should have convicted Her
rera at all. The conduct OF the Police
Court practitioners who had the three
cases was severely commented upon by
the directors for not bringing forward the
evidence they had or should have had to
save the lad. They are thoroughly salts
fed that Ramon Herrera is innocent and
Will ask Governor Budd to grant the boy
a full pardon. Herrera has been in prison
thirty-four months.
A similar recon m endation will be made
on behalf OF Charles R. Hennessey, sem
fenced for twenty years for grand larceny.
This man was with George Hutchinson
and several other men drinking with
woman in San Francisco. One OF the
party claimed that he had been robbed of
$40, and Hennessey and Hutchinson were
convicted. Long after the woman con-
fessed that she got away with the money,
which the accused gave her to purchase
beer with, unQer the supposition that IL
was 50-cent piece. Hutchinson was par
doned and sent to mis- folks in New Zea-
land. Director Wilkins said if one was en-
titled to go free the other was also.
The directors will recommend that Gov
ernor BuGd pardon Charles r. Thorne,
provided the latter leaves the State.
Thorne while out Of funds tried to black
mail Major Mclaughlin. The major
thinks the fellow is punished sufficiently,
having served three years.
The petition for parole of Redwood Day
was in a measure favorably considered.
Day was convicted OF stage robbery near
Uklah and was sentenced to eight years
imprisonment. The testimony at the
trial showed that he oTerated with the
Ukiah church member, Deacon Oldham.
Tue latter Old hypocrite sang psalms and
passed the contribution-box on Sunday
and robbed stages during the week. He
was sentenced to eight years III Folsom.
Day claimed that he was convicted simply
because he had worn long coat while in
the vicinity OF the last robbery. The
board decided to grant his petition for
parole one year from yesterday. provided
he leads an exemplary life during The en-
suing twelve months in prison.
Abe Adcock asked to be released on
parole. He was sentenced to fifteen years
for robbery in Sonoma county. The pris-
oner is at present in the hospital, yery i'll.
and was not able to appear, but the board
decided favorably to Adcock, and may
recommend either Communication of SEN
rence or d parole. This consideration for
the convict is because he is in very poor
health and has been an exceptionally we'll
behaved person.
Warden Hale made a report upon the
case of Samuel Webb who on Novem Der
13 saut from San Rarnardinn Coupfv
for burglary. Upon his arrival at the
prison the turnkey, in taking his measure
ment and description, noticed a fresh
scalp wound on the convict's head
The convict stated that the constable
who arrested him struck him heavy blow
with a large revolver. The prisoner did
not com plain of feeling i'll for several days
after reaching the prison, but later the
officials noticed that he appeared dazed
and stupid. He was at once sent to the
hospital by DR.. Lawlor, the resident phy-
sician, who did all he could for the con-
vict's comfort. The latter continued to
grow worse and paralysis set in on the left
side. and finally he died on Novemb Der 81.
DR.. LawIor held an autopsy, and upon ex-
amining the dead mans head under the
lacerated wound found that his skull had
been crushed, making a hole three-quarters
of an inch in extent. The fracture was no
doubt caused by the blow of the revolver
QeScrlOeQ Dy WOOD upon his arrival.
Warden Hale at once communicated
these facts to the Sheriff of San Bernar.
dino County, who arrested Constable
Hickok fors manslaughter. DR.. Lawlor
went TO San Bernardino County in re-
sponse to request of the Sheriff, who
wanted the PHYSICIANS testimony In the
case of the constable.
Warden Hale in his regular report
called attention to several matters of in,
terest. One was i'll relation to prisoners
serving terms of i'm prisonment upon
more than one commitment. 1t seems
that Joseph I. Ross was sent from Merced
County on several commitments for
burglary, iail-breaking, etc.
Later another set OF commitments ar
rived, making nine commitments iG all,
but no one was for more than three years,
but all would foot up about twelve years
1t was not specified that one term should
commence at the expiration of the one
preceding, and the question was how
long under the recent decisions of the
Supreme Court and under the statutes the
man can be legally held in prison. The
board thought best not to take any action
in the case, but let the convict get out
writ of habeas corpus. so that the court
could decide the matter IN case he objects
TO serving more than the longest (tnree
xyoarsl term