Page images
PDF
EPUB

over, who was a farmer in good circumstances at the time of the committing of the alleged offence; that this case had been taken to the Supreme Court by writ of error, and that a number of Judges had informally expressed an opinion that the judgment of the Court below ought to be reversed; that at the time of argument it was not decided, and a quorum of Judges who heard the argument was never afterwards present.

2d. The statement of 175 citizens of Washtenaw Co., many of whom were neighbors of Schoonover, that "he had been a resident of the town of Northfield, in that Co., for 20 years; that he had raised a family of nine children, the youngest being seven years of age; that the children had been well brought up, and provided for; that by industry, frugality and integrity of character, he had acquired a handsome property, and an honorable reputation among his neighbors." They also state, that "they were well acquainted with the facts and circumstances attending the case of the alledged offence against Schoonover, and that they believe the charge was 'trumped' up by the complainant, to make money out of the matter." The recommendation of pardon, by the same persons. Also a letter from the Hon. Geo. Danforth, who states that "he heard the trial-had been well acquainted with Schoonover for 16 years, and that he has no doubt the complaint was made to coerce money from him." Also the statement of Dr. Denton, of Ann Arbor, that "he considered the detention of Schoonover in State Prison, under such meager testimony, an outrage.”

3d. The petition of ten of the petit jurors, by whom he was tried, asking for his pardon.

4th. The certificate of the Agent and Chaplain of the prison, of his good conduct; and the recommendation by them of his pardon.

5th. My own convictions, from the facts detailed, that Schoonover was not guilty of the offence of which he stood convicted.

21st. JAMES SUPPLE-Convicted of an assault with intent to kill, at the November term of the Circuit Court for the County of Wayne, in 1852, and sentenced to the State Prison. Pardoned Dec. 5th, 1853. REASONS FOR PARDON-1st. It appears by a statement of the Hon. Samuel T. Douglass, the Judge before whom Supple was tried, and of the Hon. David Stuart, the Prosecuting Attorney at the trial, "that some questions of law were raised on the trial, and reserved for the

opinion of the Supreme Court, and that those questions were argued before said Court, at the January term in 1853, but the Supreme Court held, that inasmuch as the respondent had been sentenced, the questions could not be raised by a case reserved," and therefore they were not decided that the respondent and his friends are very poor, and no other steps have been taken to bring the matter before the Court in any other way. It also appears by said statement that convict was a young lad 16 years of age, unfortunate, having but one arm, and an aged, feeble, and poverty stricken mother, who derived some assistance from the employment of her child in peddling small articles about the streets, and that he has now been in prison over a year, having been arrested the night of the offence.

2d. The recommendation of his pardon by the above named Judge and Prosecuting Attorney, and of C. I. & E. C. Walker, the counsel of convict on the trial.

3d. The certificate of the Prison Agent of the good conduct of Supple while in prison.

22d. JOHN HOWARD-Convicted of larceny at the October term of Wayne County Court in 1851, and sentenced to the State Prison. Pardoned January 31st, 1854.

REASONS FOR PARDON-1st. The statement of Hon. Joshua R. Giddings, of Ohio; Wm. Davis, Clerk of Trumbull Co.; Charles Stearns, Sheriff of Ashtabula Co., Ohio, and others, that "they were well acquainted with Howard, (who is a young man,) and his family, and that they had ever sustained the reputation of peaceable, honest and respectable citizens."

2d. The statement of Hon. B. F. H. Witherell, the Judge before whom he was tried, that "from circumstances which have come to his knowledge since the trial and sentence, he thinks convict has already been imprisoned, as long as he would have been sentenced, had all the facts been known at the time." The recommendation, also, by the Judge and the Prosecuting Attorney at the time (Hon. D. Stuart) of the pardon of convict.

3d. The certificate of State Prison Agent, of the good conduct of Howard while in prison.

23d. MARCUS BEELER-Convicted at the March term of the Circuit Court for the County of Monroe, in 1853, of the crime of larceny. Pardoned June 3d, 1854.

REASONS FOR PARDON-1st. The representation of Junius Tilden Esq., Prosecuting Attorney of Monroe Co., that "circumstances have transpired since the trial, rendering it reasonably probable that he was not guilty of the crime of which he stood convicted," and his recommendation of convict's pardon.

2d. The concurrence in the above statement of the Prosecuting Attorney, the recommendation of pardon by J. McBride, Sheriff; Jehu Thompson, Under Sheriff; Hon. A. G. Bates, Hon. Jefferson G. Thurber, Spears & Morton, and several other prominent citizens of Monroe Co.

3d. The certificate of State Prison Agent, of the uniform good conduct of Beeler during his imprisonment.

24th. WILLIAM COLLINS-Convicted of breaking into a store, and stealing goods, at the June term of the Circuit Court, for the county of Jackson, in 1853, and sentenced to the State Prison for two years. Pardoned July 5th, 1854.

REASONS FOR PARDON-1st. The affidavit of Chas. Daily, made June 13th, 1854, who states, "that at the June term of said Court, in 1858, he, together with Wm. Collins, was tried and convicted of the offence above stated; that deponent was guilty of the offence with another person, by the name of Richard Rogers; that deponent was sentenced to the State Prison for one year, and that his term expired on the 13th day of June, 1854; that said Collins was sentenced to the State Prison for two years. Deponent further states, that William Collins was not guilty of the offence of which he was convicted, and that he knew nothing at all of the matter, until the next day after the offence was committed, and then deponent was with said Collins, and showed him some of the articles taken, and gave him some cigars and a penknife, and told him he got them for ringing the auction bell.”

2d. The statement of the Hon. D. Johnson, before whom Collins was tried, “that he had read the above affidavit, and had made inquiry into the subject, and was inclined to think it true."

3d. The recommendation of pardon by the Judge aforesaid, who sentenced convict, and by whom he was tried, and by Austin Blair, Esq., the Prosecuting Attorney at the time of trial.

4th. Collins was a youth of 16 years only.

24th. WM. POLLOCK-Convicted of larceny, at the April term of the Circuit Court for the county of Genesee, in 1852, and sentenced to the State Prison for the period of five years. Pardoned September 25th, 1854.

REASONS FOR PARDON-1st. The recommendation of J. K. Rugg, Prosecuting Attorney at time of conviction; A. P. Davis, present Prosecuting Attorney; Geo. S. Hopkins, Sheriff; A. Bump, Co. Clerk; Hon. Wm. M. Fenton, Wm. Newton, J. H. C. Blades, Levi Walker, J. G. Sutherland, and Geo. R. Cummins, members of the bar of Genesee Co., who state, "they were present at the trial, and that convict was an ignorant young lad, of about 17 years of age."

2d. The recommendation of his pardon by Daniel Moss, the complainant, who states, that "it was fully his belief, that his imprisonment had been sufficient to meet the demands of law and of justice.” 3d. The recommendation of all the petit jurors, who state "that in their opinion, the punishment already suffered by convict, is commensurate to the offence charged."

$

4th. The amount stolen was not large; the convict was young and ignorant. He had served out about two and a half of the five years' sentence; and, in my opinion, as much of the time, as he ought, in the first place, to have been sentenced.

26th. SAM'L CARLINSKY-Convicted of the crime of rape, at the Circuit Court for the county of Berrien, June term, 1853, and sentenced to the State Prison, for ten years. Pardoned September 20th, 1854.

REASONS FOR PARDON-1st. The petition of Charles Jewett, Daniel Pratt, and many other prominent citizens of Niles, together with their statement, "that Carlinsky was convicted solely upon the testimony of the prosecuting witness; that the alleged offence was stated to have been committed in open daylight, within a few rods of inhabited dwelling houses, and within hearing of them; that no outcry was made by the woman; and that the accused did not conceal himself and flee, but went about his usual business." They also state" that some of them heard the testimony against the accused, and that they believe the accusation to be false."

2d. The statement of George W. Hoffman, a Justice of the Peace, of Berrien county, "that he heard the testimony of the woman before

the examining magistrate, and that he believed the complaint was made to cover up a very different offence." Also, the statement of Thomas Glenn, the Justice before whom Carlinsky was first examined, "that there was no testimony corroborating that of the prosecuting witness." Also, the statement of Ebenezer McIlvaine, County Clerk at the time of the trial, "that be heard the evidence, and was fully satisfied that Carlinsky did not commit nor attempt the said crime." The recommendation of pardon, also, by the said Messrs. Hoffman, Glenn and McIlvaine.

3d. The statement of seven of the jurors, who tried the accused, "that from facts that have come to their knowledge since the trial, they have great doubts of the truth of the charge," and the recommendation of pardon by the same jurors.

4th. The statement of John L. Mitchell, physician to the prison, that "if convict were to be continued in confinement, he would become permanently deranged; being so at intervals, at the present time." Also, a similar statement by the Hon. Peter Dox, Agent, Chester Warriner, dept. keeper, and Samuel Clements, Chaplain of the prison; and the recommendation, by all of these gentlemen, of his pardon.

5th. The recommendation by the Hon. C. W. Whipple, before whom he was tried, and of James Brown, the Pros. Att'y of the Co. at the time of conviction.

6th. The petition of numerous citizens of Chicago, Ill., stating, "that they were well acquainted with the convict, and that he had always, previous to this accusation, sustained a good character, as an industrious, sober, moral man."

27th. EDWARD BLAKE.-Convicted of larceny, at the March term of the Cir. Court for the Co. of Wayne, in 1853, and sentenced to the State Prison for the period of 3 years. Pardoned, Oct. 16th, 1854.

REASONS FOR PARDON-1st. The statement of the Hon. S. T. Douglass, the Judge before whom convict was tried, that had circumstances, into which he had inquired since the sentence, been known to him at the time, he should have been induced to mitigate his sentence."

2d. The youth of the convict, being under 18 years of age, and his having served over one-half of the period of his sentence.

3d. The petition for his pardon, by eight of the jurors who tried him.

« ՆախորդըՇարունակել »