The San Francisco call., 1898-03-20
A Petition Sent to the GOv- ernOr Asking for
 Clemency.
w. w. FOOte Claims That the Murderer Was Insane
 at the Time.
Crazed by the Startling Announce nent of the Illegitinaacy of
 His Child.

The fate of Benjamin A. Hill, now under sentence of death for the crime of uxoricide, committed some months ago in Oakland, will be decided by Governor Budd next Tuesday. The ap- peal of w. w. Foote, who has persist ently fought the case in the interest of Hill, and who succeeded six months ago in grasping the murderer from the gall lows on the night before the day set for his hanging. on a writ of habeas corpus, will be considered by the chief executive and final decision rendered, either setting aside the judgment of death, which is to be carried into ef- feet April 6, or committing it to life i'm prisonment
 It appears from the evidence ad- duced that there are a number of ex- tenuating circumstances to be allowed TOT the crime for which Hill Is now convicted.
 Attorney Foote, in speaking of the principal arguments that will be ad- vanced when the case comes up for nearing, set forth the following facts as the basis of the defense:
 We will endeavor to prove" said the attoreny. that Hill, when he con- mltted the crime for which he is to suHer death, was in the heat of pas slon and despair caused by the start ilng announcement of his wife that the child whom she had given birth to and which he always thought was his legitimate offspring and the infant she was shortly to bring into the world were not his children. He became en- ragged, and acting under the impulse of the moment. which was one of rage disappointment and despair, he took the life Of the woman, and with 1t that or the unborn child.
 When he was brought up for trial and the circumstances of the case were placed in the hands of the jurors elght or whom are now pleading foI his life, for consideration he was ad- Judged guilty of the crime charged and sentenced to death on the scaffold foI the eXpiation of it.
 Tt was at this juncture in the case that decided, at the request of a num- Der of friends of Hill and prominent men and women all over the State, to take up the case and endeavor to have the sentence of death commuted to that of imprisonment, as the man in my i'm presSion was not in his right mind al the time, but was craZed by the an- nouncement that his children were H. legitimate and not his.
 About six months ago." he con- tinued, T applied to the Governor for a pardon, but being ill at the time my petition Tell Into the ndnQS or Lleuten- ant Governor Jeter, who was acting chief executive in the absence of Budd
 'Jeter went over the arguments of the case and refused to grant a com mutation of the original sentence of death; but his refusal to ac. in the mat ter will have no bearing In the present petition, as he has advised Budd not to act on his Judgment in the case, but consider the arguments for himself and pass judgment on them according to his own discretion"
 Foote claims he is receiving absolute ly no remuneration for his services and that he is defraying the expense of car rying on the defense from the lucre in 1 his own purse.
 "I think the man is deserving of len | iency," he said, '.1d being of this opin- ion I intend to fight the case in behalf of my client to the end, whatever that may be-"
 The following are few = the names | of prominent men that have been af- fixed to the petition for clemency George w. Baker. F. W. Mowry, Judge Carroll Cook, Stephen White, Judge Oster of San Bernardino County and George La Monte.
 Foote claims he has 8 letter in his possession which was written by sis ter of the murdered woman on behalf of the man who was resposible for her 6aatb