The record-union., 1898-03-30
h'CkRTY WILL not HANG.
SENTENCE REDUCED TO LIFE
IMPRISONMENT.
Governor Budd's Action Eaged on
tie Recommendation OF the
Examining Doctors.


In January, 1895, Dennis Mccarthy
shot and killed George Fox on a ranch
In Sonoma County. He was convicted
and sentenced to be hanged, but on
October II. 1891, Governor Budd grant
ed a reprieve for six months pending
an examination by Drs. Eatch, Osborn
and Gardner into the mental condition
OF the convicted man.
The report OF the physicians has been
handed in, and il accordance with their
recommendation the Governor yester-
day commuted AIcCarthy's sentence
from death to life imprisonment. The
physicians report on which the COM
mutation was based is 2s follows:
MCCARTHY A DEGENERATE.
ITO His ExceIlency James II. Budd,
Governor-Sir: Your commission ap-
pointed 20 inquire into the mental
status Of Dennis Mccarthy, confined at
the State Prison at San Quentin under
Hentence Of death fer the murder Of
George Fox. beg leave to make final
report as follows:
''F'irst-Sevcral visits have been made
by the members of the commission to
fion has been minutely and carefully
inVos. igated and compared, but being
FAR from satisfied with the testimony
offered Us, and the evidence submitted
by the prisoners condition. not being
TO our minds conclusive, we joined in 4
request to your excellency on October
4, 1897, for q further reprjeve of six
months, in order to give US additional
time to study his condition. This re-
prieve your excellency granted, and
1t has permitted US to reach in our de-
hberatOns not only a conclusive judg-
ment but with such unanimity and
sense Of satisfaction that we sincerely
trust our findings viii consequently
make clearer and easier your own de-
cision in dealing with the issues of life
and death to this man.
''Second-We exclude from our find
ings the question of insanity in any
and all Of its ordinary acceptaticns. In
so far as that condition of mind is
concerned, we believe him to be legally
sane. We also exclude from our find
ings the question of responsibility
from epilepsy. as being not proven by
facts thus far ascertained by US nor
based upon testimony free from suspi
cion We admit the unreliableness of
the testimony offered US alonG this line.
and while regretting that our investi-
cations have been unsatisfactory in
this particular, we nevertheless give
due weight to all relevant matters re-
lating thereto. Thus, while We exclude
the subject from cur conclusions, we
do not deny the possibility of an cpl
leptic taint as nevertheless existing to
account for or to compIicate the con-
dition in which we find this man.
"Third-McCarthy is a degenerate
whether from epileptic or inherited in
1uences matters not. and regarding
which it may be idle to speculate. He
shows the most unmistakable stigmata
of eneration-physical, mental and
moral. We have freely conversed with
him regarding his crime, its relation
toward peace and good order in the
community, the rights of all concerned
in this tragedy and the consequences
which follow. In ali these interviews
he exhibited marked moral obtundity
and lack Of sensitive appreciation Of
his situation, except possibly, when
reused to give more or less incCherent
expression to his manifestIy erroneous
conceptions of his own personal rights
and privileges. These last he believes
We're trenched upon and violated in
some lily defined way by both his en-
ployer and his fellow workman pre-
ceding the tragedy His intelligence is
of an exceedingly low order, his moral
nature is also so low and in many
phases perverted, and his mentality so
dull and so lacking in responsible ac-
tiCn as to be on a par with that of
many imbeciles He is neither bright
nor materially different in this respect
Cf responsible mental status from
many other incompetents already under
State care
"Fourth-We believe. and here de-
clare it TO be our belief that the crime
committed by this man was the act
of a degenerate. in whom the legal re-
sponsibility therefore does not exist.
and while we concur that he is a sub
jeet fully warranting your exceHency's 8
clemency. we also agree and here de-
clare with particularly that he has.
because of his aforesaid degeneration
and its vicious tendencies. to say moth
inG Of its lamentable consequences. for
feited to society his right to liberty. We
believe him to be a man whom hui
name commonwealth should allow to
live. but apart from the world under
conditions of appropriate seclusion.
care and treatment We say this in
equal justice to outraged society. as
Well as to the protective rights of a
degenerate fellow-being
we further believe end declare that
the degree Of degeneracy. the existence
Of which allows US to make this appeal
in McCarthy's behalf. is such as will
not warrant and should not therefore
indue.-Ce the issuance of q pardon in
the future. The class of people OF
which this man is a type should be
prevented from exploiting their Grim
inal proclivitjes.
IN conclusion, we beg to say to your
excellency that we believe the law will
be properly vindicated. and the rights
of society subserved, if communication
Of Dennis McCarthy's sentence from
execution to that of imprisonment for
life. without hope of future pardon. is
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