The record-union., 1897-08-24
TRYING To SAVE HILLS LIFE.
ARGUMENTS HEARD BY ACTING
GOVERNOR JETER.
w. w. Foote and Others Plead fo1
Communication of the Death
Penalty.

JeJeF, acting as 0ONeIHOl ou4 4h5 49,
absence from the State of Governor
Budd, yesterday evening sat as a court
of final resort on the case of Benjamin
/. HiH, who on March 13, 1896 was
convicted by a jury at Oakland for
numbering his wife.
Since the conviction of Hill, however,
a great many prominent persons OF
Oakland and Suisun have concluded
that the sentence was a harsh one
far too severe to follow the testimony
brought out at the trial and nu-
merously signed petition was some time
ago presented to Governor Budd pray
ing for an arrest of the death sentence
which is set for next Friday, and ask
ing that the same be commuted to life
imprisonment
W. w. Foote, District Attorney
Shook and his deputy, Harry Melvin,
and Tom NJ. Bradley of Alameda Coun-
ty, and George A. Lamont and James
Keyes, District Attorney and Treas
lrrer, respectively. of Solano County,
were before the Governor,
while Mrs. Cora Hill, sister-in-law TO
Hill, sobbed and moaned in an ante
room.
On the 11th day of January 1896,
benjamin L. Hill shot and killed his
wife on a street corner in Oakland He
was promptly arrested on charge of
murder, and on the 10Th of March was
found guilty of murder in the first de-
gree, and sentenced to be hanged.
A motion for new trial was denied,
and upon the case being appealed to
the Supreme Court the findings of the
lower court We're affirmed.
The evidence at the trial shows by
the transcript that Hill and his wife
had been separated some months prior
to the shooting and that the former
hade been working in Oregon, intending
to send the woman money.
Only Hill and his wife were present
at the time of the shooting, and his
story was the only one given to the
jury. He testified that he had met his
wife by appointment to talk over do
mestic matters, and that she had called
him a fool, and said that she was
with child by another man, who would
provide for it. Hill demonstrated with
her and she again called him fool and
slapped him in the face. Then, ac-
cor1ing to Hills own story, he drew a
revolver and fired four shots at the
erring woman. two of which struck her
in the head, killing her instantly.
Attorney w. W. Foote lost no time
in coming to the point in his presenta-
ton OF the case. A very general opin-
ion, he said, prevailed in Alameda
County. that the death sentence ought
to be commuted to life Imprisonment.
Hill's wife. he said, had made state
ments to her husband which, if not
enough to drive him crazy, We're cer-
tainly sufficient to so inf1ame him as
to leave him irresponsible for his acts.
Mr.. Foote defined murder and refer
ring TO the transcript of the case said
he mad never heard in all his exper-
fence as a criminal lawyer of a convic-
ton carrying with it the death penalty,
along similar lines of testimony. He
did not wish. he said, to reflect upon
the honor Of the Judge or the jury. but
since the trial affidavits had been made
sufficient to prove to him that had GER
tain evidence been allowed in-which
ought to have been put in-the verdict
would lave been otherwise.
Two-thirds of the members of the
Oakland bar. Mr.. Foote continued. had
signed the petition for commutation
He informed the Lieutenant Cover
nor that were he Governor of the State,
with the transcript of the testimony
before him. he would have no hesitancy
in granting Communication.
Attorney Foote further explained that
he was not a paid attorney in the case,
and was acting merely in behalf of
what ne considered justice. The sister,
in-law of the condemned man had ap-
piled to him for assistance, and such as
he had, he gave freely. He had never
known Hill or the woman he shot, and
in appearing and asking for a commu-
tation he only voiced the wishes of the
good people Of Alameda County.
George A. Lamont of Suisun, District
Attorney of Solano County, stated that
he had known Hill ever since he came
to the State. and that he bore an en-
viable reputation in Suisun, at which
place he formerly resided.
Mr.. Lamont referred to a letter filed
with the petition, from Mrs, Paul OF
Suislu. sister of Hills wife
in which she made the unsolicited
statement that she believed the testi-
nony given by Hill at the time of the
trial was true in every particular. and
added TO the list Of names on the pc
ttion, her prayer that the commuta-
ton of the sentence to life imprison-
ment, be granted
Mr.. Lamont further said that every
body in Suisun We're satisfied that the
sentence was too severe. and he but
voiced their sentiments in asking that
the Communication be granted Both
himself and Treasurer Keyes. he said,
had made the trip at their own ex-
pense to protest against the death sen
tence being carried into effect.
Turning to Mr.. Foote, the Lieutenant
Governor said:
Have you read the transcript Of the
testimony carefully"
II have" returned FOote
do you claim thst there is any pos
sible defense except insanity" queried
the Lieutenant Governor
Yes. sir. I do" returned Attorney
Foote; "the trial was conducted short
" after the Durrant case had been con-
cluded. and the public was already
wrought TO a high pitch. Besides that.
such a statement as that made by HilPs
wife. to him would blind any man and
for the moment at least he would not
be responsible for his act Suppose.
by way of Illustration, that the wom-
an would have taken a pistol in one
hand and a knife in the ether, and at
tempted to destroy her husband. and
he would have shot her, That would
have been in self defense; and yet the
words that she uttered stung worse
than any weapon she might have had
in her hands. and were probably as
deadly"