The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-08-15
M|LLIONA|RPS
TEARS FAIL TO
SECURE MERCY
Bradbury Weeps in Court, but
Judge Lennon Refuses to
Grant Probation
Acts of Aged Offender Are
RoundIy Scored by fine
Jurist
Especial Dispatch 10 The Call

y
SAN RAFAEL. Aug 14.-After an
earnest plea for mercy made by his
attorney. Charles II. Fairall, at which
,be aged millionaire broke down and
went. william B. Bradbury's melton for
probation was denied by Superior
Judge Lennon today.
Bradbury appeared in court with his
famous nigh silk hat in his hand and
sat down YEARLY behind the rail within
"A short distance Of his wife, who fol-
lowed the proceedings of the court
with more visible anxiety than her
husband
A long argument was engaged IN
bx District Attorney Boyd and Falrah
over the right of Judge Lennon to eX-
ercise jurisdiction in the motion Tor
probation Boyd claimed that the case
had entirely passed out of the hands
OF the court since the judgment SEN
fencing Bradbury to San Quentin had
been entered by the clerk of the court
Fairau. on the other hand, produced
authorities showing that the judgment
could be revised inasmuch as the exc
cution Of judgment had not been COM
menced Fairall finally won his point
and Judge Lennon decided TO hear the
motion for probation.
The argument made by Fairall was
brief He spoke of Bradbury's extreme
age his suffering through disgrace and
confinement in the county Jail his re-
cent confession that he was guilty of
perjury and his contention that the
crime was done without criminal in
tent.
BRADBURY WEEPS
1T is purely matter of mercy said
Fairan. Ny client is old. He has had
a long hard life. fraught with suffer
% ing. especially of late"
At this point Bradbury. moved by the
account Of his own woes, broke down
and wept. His wife stepped quickly to
b his side, and resting one hand comfort
ingly on his shoulder, shielded him
from those in the courtroom whilef she
dried his tears. The episode awoke
. more surprise than sympathy in the
courtroom for the gray haired capital
ist had been wearing a look of uncon-
Germ that was almost defiant. He did
not regain his cOmpOsure for many
minutes and Mrs. Bradbury stood by
and screened him from curious eyes
until the case ended.
District Attorney Boyd said that
Bradbury's age had no bearing on the
case. He committed perjury for gain.
TO add to his wealth. arged Boyd, and
has &c should not be considered"
Judge Lennon said that it would be
Haunting the red flag in the face Of
justice TO admit Bradbury to probation.
IT he were a young man. said Len
non, ] might consider probation ia
vorably. A year in San Quentin will
do him no harm. He committed perjury
10 add to his wealth, and in reviewing
all the cases in which he has been in
volved, the same defiance Of law and
able. Never once has be abided by an
order OF the court"
Judge Lennon told of an instance in
which Bradbury was given a check for
$40 by the clerk of the court in a
former trial by mistake. and refused to
return it when ordered TO do so by
the Judge He still retains that check.
said Lennon, and has repeatedly at
tempted to cash it."
Judge Lennon said that he had been
requested to sign the petition for Brad
bUrN's pardon, but after due considera-
tion he had declined to do so. His
remarks concerning Bradbury were
forcible. and his denial of the plea
for probation came as a sudden climax
70 an eloqent exposition OF the old
mans character and case.
LAST HOPE IN PARDON
Bradbury walked from the courtroom
Win MS VIE after signing the peti-
ton which he viii make to Governor
h, Gillett for a pardon. He returned to
his cell in the Jail below without COM
ment on his case. FairaH stated that
he had received word from the gov
ernor that Bradbury's application for
pardon would be heard at Eureka Au-
gust p. Signature seekers for the
petition are operating in San Francisco
and Oakland as well as in the towns
Of this county. according to Fairan
and many names have been secured
J. c. Mires. q contractor of Oakland
and a former employee of Bradbury
says that he met with rebuffs on all
sides while attempting to secure sig
natures in Oakland Mayor Mott was
insulted. and threw the petition in my
face" said Mires. The chief of police
also refused TO sign it, as well as q
number of judges and other prominent
men,