The record-union., 1898-11-19
BOYS UNJUSTLY IMPRISONED
INDUCED TO PLEAD GUILTY TO
HORSE STEALING.
Governor Budd Will Pardon
Them-OMce1.s VINO Should
Take Their Places.

Three Kern County lads, neither OF
whom is over 16 years of age, and all
Of whom are now confined in the
States Prison at San Quentin, will be
pardoned by Governor Budd as soon
hereafter as possible
In the latter part of the month or
June Christone Portlock, Guy Lamb
and Earl Tousley, who were residents
OF the town of Kern, started for an out
ing at Pismo Beach, San Luis Obispo
County. They furnished their own
team, but when part of the trip had
been finished one of their horses gave
out, and they left it on the road where
they camped for the night. Thelr
wagon had broken down, and they were
using the horses as pack animals.
The day after their horse gave out or
became useless, they found an old mare
and colt by the roadside and pressed her
into service and proceeded to Paso,
where they met man named Hubble,
who took the mare from them. They
continued their trip to the beach,
camped there, and a FEW days after
ward were arrested and put in the
County Jail
The evidence laid before the State
Board of Prison Directors was to the
effect that the Deputy Sheriff or Con-
stable who made the arrest and who
evidently desired to make a record, or
to get mileage fees, told them that they
were in a bad box" and that the best
thing for them to do was to plead gull
~, and that if they did so he would see
that they got only one year in the pen
iteutiary, which would mean nine or
ten months, while if they did not they
would have to lie in jail Until Decem-
Der, and probably longer, as such cases
as theirs were not tried until a whole
lot" of them had accumulated, and that
if they went to trial they would re-
ceive a much longer sentence.
The boys, according to the report fur
nished Governor Budd by the Prison
Directors, had no attorney to advise
them, being strangers, and entered
pleas of guilty and were sentenced to
one year in the State Prison at San
Quentin
The report of the Prison Directors to
the Governor concludes as follows:
j. E. Hubble, complaining witness,
states in q communication to the board,
that after their arrest he came to San
Luis Obispo and found the District At
torney had induced them to plead
sentence of one year in San Quentin;
that he believed the three boys had no
criminal intent and that when they took
the animal and put the pack on her they
thought she had been turned loose on
the public highway and was without an
owner; that he would have had the case
dismissed if he had time to investigate.
but that action was taken before he
saw the authorities.
THE board had the three boys before
them and questioned them fully as to
all the facts and circumstances of the
case, which fully corroborated the
statement of Mr.. Hubble, the complain
ing witness. IT also found that prior
TO their arrest they had never been ac-
cusedl of any offense, and had borne
good regulations; that the boys were
only about 16 years of age at the time
of their arrest, and since their commit
ment to prison their cSSduct has been
most exemplary.
Taking all these facts into consid-
Grafton, the board unanimously recon-
mend that a pardon be granted
The Governors language in issuing
the pardons recommended, will be short,
crisp, somewhat curt and entirely de-
eisive. Besides the usual form used
in Issuing pardons, the Governor will
say:
And whereas, it appears that these
boys are not guilty, and that their con-
viction was an outrage upon justice"
etc. Then will follow the usual form,
and in a short time, probably to-day,
the youngsters will be released and sent
back to their friends with-so far as
the prison authorities and the Gov
ernor can make it so-no blot upon their
good mama