The San Francisco call., 1898-04-23
WANT JUSTICE
 FOR DONELLY His AccuSers Proved to Be Men of the Worst
 Type.
Probable That the Claim of a Plot Had Some
 Foundation.
Ex-Ordcer Banks and Charles Pipen- berg Gave the Testimony That
 Convicted Him.
Oakland Office San Francisco Call
90S Broadway, April P.

9OS BrOadWay, Apfll Z-
 An effort will soon be made to secure the release of John Donelly from San Quentin. Donelly is serving a fifteen-year term for burglary in the first degree. but there are so many suspicious circum- stances connected with the evidence un- der which he was convicted that there is now a substantial doubt as to whether he was guilty or not.
 Donelly was tried under a complaint sworn to by Charles L. Banks, then police officer, now a fugitive from Oak land. At his trial Donelly asserted that he was the victim of plot on the part of Banks and one Charles Pipenberg, now convict. who had determined on getting him out of the way. Donelly's story was to the effect that Pipenberg told him he had some goods in certain place and that if they went together they could pro cure them. In order to gain an entrance into the house. Pipenberg, it was stated left the entrances open, and with Donelly went in at nighttime. Banks was near by, and had no difficulty in arresting Donelly and charging him with burglary. Banks also, to make his case more solid, had a prior charge of petty larceny included in the complaint.
 Just how much of Donelly's story is true will perhaps never be known; but Banks and Pipenberg, the witnesses for the prosecution, have since been proved to be thoroughly worthless and unreliable as well as criminal. and there is a feeling among those who believe in fair play that Donelly was not convicted on relia- ble testimony.
 Officer Banks mysteriously disappeared from this city about two years ago, just at the time when an important bribery case centered around Chinese lotteries was about to come to trial. Banks ar ranged the meeting at his house with some Chinese gamblers, and after he had secreted witnesses he induced the Chinese to tell him of various times and places at which they had given hush money to Chief of Police Shafer. There was ill., feeling between Shafer and Banks, and no credence was placed In Banks plot to later the question arose as to whether Banks had not committed perjury regard ing his citizenship when taking the oath of a police officer. Other matters were | brought up, and Banks discovered that he was facing criminal proceedings on all sides. One night he went out on his beat as usual on Broadway. and nothing mas ever been seen of him since. IT was then discovered that he had sold his warrant in advance, and the holder or t wanted to prosecute him, but he could not be found. This is the man upon whose testi- mony largely DonelIy was convicted.
 Charles Pipenberg, the other witness for the prosecution, has a criminal record as long as any man in the county. He has done time for all sorts of crimes, be- sides being addicted to the use of opium. Now that the true character of the lead ing witnesses against Donelly has come out it is thought that the man in San Quentin should have a show" Unlike wealthy prisoners, he was unable to se- cure few years continuance, but ws s speedily tried and convicted. The infor- nation against him was filed in the Su- perior Court February 19, 1891 Thirteen days later he was found guilty Judg- ment was postponed for a week, when a motion in arrest of judgment was denied another for motion for a new trial was as promptly denied, and on March Is Donelly was sentenced to sixteen years. largely on account of the prior conviction of petty larceny, which Banks had ma liciously. placed against. him. It is not argued by his friends that Donelly is a model young man, but it is said that he at least deserves justice, and having served over seven years 1t is thought to be reasonable, considering all the circum- stances. that he should now be regarded as being worthy of release on parole if not of an absolute pardon.