from jail without personal violence; and whereas, the officers who were responsible for his safekeeping, after exhausting other means for his capture, caused information to be conveyed to him that his sentence had been commuted to imprisonment for life, and the said Williams, believing such information to be true, surrendered himself. Now, believing that the State ought not in any manner to be a party to a violation of faith, even to the guilty, and, least of all, in a matter involving life and death-therefore let his sentence be commuted to imprisonment in the State Prison for the term of his natural life. July thirteenth, eighteen hundred and seventy-two.

DECISION.

Whereas, William A. Hart was tried and convicted of the crime of murder in the first degree, and sentenced to be hanged the twentieth day of December, A. D. eighteen hundred and seventy-two; and, whereas, after the conviction of said Hart, K. H. Kinney, who was jointly indicted with Hart for the murder of one Levi M. Fletcher, withdrew his plea of not guilty, and pleaded guilty to the indictment, and in his confession in open Court, solemnly stated that he (Kinney) did the killing alone, and that Hart was not present thereat, and did not aid and assist therein; and, whereas, since the conviction and sentence of the said Kinney, he has made an affidavit wherein he asseverates in most solemn manner the truth of the statements made in his said confession; and, whereas, the evidence given on the trial of Hart, if uncontradicted, is not clear and conclusive to my mind as to his presence at the killing of said Fletcher; and, whereas, from the manner of the appeal, it was impossible for the Supreme Court to pass upon any of the matters herein stated and order a new trial; and, whereas, the evidence given on the trial of said Hart, shows a criminal negligence upon his part in not attempting to prevent the killing of said Fletcher, and discloses a motive for such negligence which might have been sufficient to convict him as an accessory if he had been indicted, tried, and defended upon that charge. Let his sentence be commuted to imprisonment in the State Prison for the term of his natural life. December twelfth, eighteen hundred and seventy-two.

Name of Prisoner. County.

Crime.

Sentenced.

Sentence.

Wm. Donovan...... San Francisco. Murder 1st degree December, 1871... Death.

DECISION. Whereas, William Donovan was tried and convicted of murder in the first degree, and sentenced to be hung on the thirteenth day of December, A. D. eighteen hundred and seventy-two, and from which sentence a reprieve was granted staying such execution until the twenty-seventh day of December, A.D. eighteen hundred and seventytwo. And, whereas, on the night preceding, and on the morning of the day fixed for the execution of said defendant, I have received numerous letters and petitions from citizens asking for a commutation of punishment; among others, a unanimous resolution of the San Francisco Stock and Exchange Board; a statement from a well known citizen, that a petition numbering several thousand names had been left with him, asking for a commu tation-that no one refused to sign, and thousands more could be procured if there were time; also, a petition by telegraph, signed by O. C. Pratt, J. P. Jones, E. F. Beale, J. B. Haggin, George T. Hooper, Thomas Brown, Joseph A. Donahoe, George P. Ihrie, Alex. G. Abell, N. B. Stone, Charles N. Felton, Alex. Austin, J. E. De La Montagnie, J. P. H. Wentworth, F. A. Sawyer, H. P. Wakelee, George O. Whitney, Thomas P. Madden, J. C. Pelton, John Beard, George Hearst, G. T. Lawton, J. G. Eastland, Geo. D. Roberts, P. C. Lander, J. P. Dyer, E. E. Eyre, O. Livermore, P. McShane, August Hemme, A. J. Bryant, J. W. Gashwiler, R. C. Page, E. N. Casey, R. H. Lloyd, H. F. Williams, J. D. Fry, C. R. Greathouse, Owen Thorne, G. B. Hitchcock, A. G. Kinsey, R. Swain, R. C. Rogers, G. F. Sharp, J. C. McCeny, T. J. Gallagher, G. N. Casseli, S. M. Taylor, George W. Smiley, J. J. McGlynn, F. Franconi, E. D. Baker, C. M. Leavy, J. C. Stebbins, Louis Cohen, S. G. Harding, G. G. W. Hoge, D. H. Regensberger, Samuel J. Rey

nolds, P. W. Van Winkle, James Barrett, R. T. Goodwin, Joseph Austin, J. Hammil, W. F. Harrison, A. J. Ellis, David Mahoney, Edward Cahill, and T. McCarthy. And, whereas, such a manifestation of public opinion at so critical a time, seems to place me in the cruel position of seeking the life of the prisoner to maintain my consistency. Now, therefore, although after a careful examination of the evidence in the case, I am of opinion that the prisoner had no legal defense to the charge of which he was convicted, and that the only circumstance which should mitigate the penalty fixed by law, is the possibility that at the time of the commission of the crime the mind of the prisoner may have been in a state bordering on delirium, from intemperate drinking; yet, in mercy to myself, out of consideration to the feelings of the petitioners, in deference to what I believe to be public opinion in this case, out of tenderness for human life, and perhaps from a lack of moral courage which is willing to divide the responsibility of a most painful duty even with those who, from the nature of the case, cannot have given the subject that anxious examination which I have myself-let his sentence be commuted to imprisonment in the State Prison for the term of his natural life. December twenty-seventh, eighteen hundred and seventy-two.

Name of Prisoner.

County.

Crime.

Sentenced.

Sentence.

R. H. Keeny....

Tulare......Murder 1st degree June, 1872.......... Death.

DECISION. Whereas, R. H. Keeny, having pleaded guilty to an indictment for murder, was adjudged by the Court to be guilty of the crime of murder in the first degree, and was sentenced to death, the date for the execution of the sentence and of the said prisoner being now fixed on the seventh day of March, A. D. eighteen hundred and seventy-three; and, whereas, the said R. H. Keeny, when his case came on for trial, pleaded guilty to the indictment under the impression and belief that such plea would be accepted by the Court as a plea of guilty of murder in the second degree; and, whereas, after a careful examination of the testimony given upon the trial of Wm. A. Hart, who was indicted jointly with the said Keeny, and of the statement of the said Keeny, upon which statement and testimony the Court fixed the degree of guilt, I am of opinion that no jury, upon a fair trial, would have found the said Keeny guilty of murder in the first degree, because, for wrongs such as he has suffered, in the seduction of his wife and the taking away of his wife and child, there is no "cooling time," and that a killing done at the instigation of the memory of such wrongs (kept alive and aggravated in this case by the taunts and suggestions of false or thoughtless friends, and by continuous hints of the stain of bastardy), is really done in the heat of passion, and does not deserve the extreme penalty of the law. Let his sentence be commuted to imprisonment in the State Prison for the term of his natural life. February sixth, eighteen hundred and seventy-three.

DECISION. Whereas, at the January Term, A. D. eighteen hundred and seventy-three, of the District Court of the Twelfth Judicial District, held in and for the County of San Francisco, John Devine was tried upon an indictment for murder, and having been convicted of the crime of murder in the first degree, has been sentenced to death, and the date for his execution fixed on the ninth day of May, A. D. eighteen hundred and seventythree; such conviction and sentence having been confirmed in the Supreme Court of this State only two days before the time set for the said execution. Now, therefore, at the request of the Judge of the Twelfth District Court, the District Attorney of San Francisco, and the spiritual adviser of the condemned man, by virtue of authority in me vested, I do hereby grant a reprieve to the said John Devine until the fourteenth day of May, A. D. eighteen hundred and seventy-three, in order that he may prepare for death; and do hereby direct the Sheriff of San Francisco to postpone the execution of the said sentence for five days, and to carry the said sentence into effect on Wednesday, the fourteenth day of May, A. D. eighteen hundred and seventy-three. May eighth, eighteen hundred and seventy-three.

REPORT

OF THE COMMISSIONERS APPOINTED TO SELECT A SITE FOR A NEW ASYLUM FOR THE INSANE.

To His Excellency,

NEWTON BOOTH,

Governor of California:

SIR: Having been appointed by your Excellency as Commissioners to select a site for a new Asylum for the Insane, and having discharged the duties assigned us, we here with respectfully submit our report.

The following article, from the Sacramento Union of April nineteenth, will show the organization of the Board, the general principles by which it would be guided, and the notice given to all whom it might

concern:

"COMMISSIONERS OF STATE INSANE ASYLUM.

"C. H. Swift, of this city, Dr. G. A. Shurtleff, of Stockton, and Dr. E. T. Wilkins, of Marysville, Commissioners appointed by Governor Booth to select a site for the State Asylum for the Insane, met yesterday at the office of C. H. Swift, and having taken the usual oath of office, organized by electing C. H. Swift as Chairman, and Dr. Wilkins as Secretary. Matters pertaining to the duties of the Board were freely discussed, and a few general propositions agreed upon. The bill authoriz. ing the selection of a site for the new Asylum provides that it shall be in the central and western portion of the State, embracing the bay counties, but did not specify the northern or southern boundary. The Commissioners, therefore, resolved that they would not extend their search for a site farther south than the southern line of Santa Cruz, nor farther north than the northern boundary of Sonoma County, thus embracing all the counties around the bay, and within easy reach of the City of San Francisco.

"The bill wisely provides that 'in making a selection of a site for said institution, the Commissioners shall not be influenced by any offers of money or property, but shall decide upon said site solely upon the grounds of healthfulness, adaptability to the purposes of the institution, and convenience of access from different parts of the State,' thus leaving the Commissioners entirely free to make such selection as, in their judgment and discretion, may seem to be for the best interest of the insane and the State. Should they find two or more localities, however, presenting equal claims and advantages in all other respects, they will deem it their duty to choose that which will be least expensive to the State. They desire to find, among other things, a tract of land containing not less than one hundred acres, in a healthy and accessible locality, and with fine scenery and pleasant surroundings, which can be easily