was extremely slight and very unreliable. He was in company with one Provost, a notorious character, who was convicted of the same offence and Powers' conviction unquestionably rested more upon the fact of his having been seen in this man's company than upon any evidence of personal guilt. His previous character had been good, and, under all the circumstances, the punishment, as commuted, is enough.

November 8th-Warren Latting, convicted December 29th, 1866, of robbery; term, fifteen years and six months; county of Ontario. Commuted to seven years and three months, with further legal deduction for good conduct in prison.

Pardon recommended by the present and late county judge, by the district attorney, by Hon. H. O. Cheesbro, J. J. Mattison (editor of the Ontario Repository), the surrogate, sheriff, and other county officers and prominent citizens of Ontario county. Prisoner's associate in the crime pleaded guilty and received only a five years' sentence. Not so great a discrimination, if any, should have been made against Lotting, whose health is now very poor, and would be seriously threatened by much longer confinement.

November 13th-Ezekiel C. Wyshaw, convicted January 2d, 1872, of grand larceny; term, two years and six months; county of New York. Commuted to one year, with further legal deduction for good conduct in prison.

Granted on application of his former employers, who were the complainants. The prisoner, when intoxicated, appropriated to his own use thirty-six dollars, which came into his possession. He confessed his guilt. His former character was good, and he has a family dependent upon him for support. Under the circumstances, one year is enough.

November 18th-James Smith, convicted November, 1872, of assault and battery; term, $250 fine or one year's imprisonment; county of Albany. Commuted to twenty-five dollars fine or sixty days' imprisonment.

Pardon recommended by judge, chief of police, complainant and many others. The prisoner, a hard working, industrious young man, who had never before been arrested, committed a technical assault, and having pleaded guilty, the court could not impose a lighter

sentence.

November 19th-Charles Borst, convicted September 3d, 1872, of assault and battery; term, $250 fine or one year's imprisonment; county of Albany. Commuted to three months.

The prisoner committed a technical assault on an officer, pleaded guilty and received the lightest sentence allowed by law. The court now recommends his commutation to three months. Captain Brennan, of the police force, and the complainant join in the application.

November 25th-James D. Allen, convicted February 24th, 1871, of burglary, third degree; term, three years and six months; county of New York. Commuted to two years, with further legal deduction for good conduct in prison.

A

Pardon recommended by the complainant and the assistant district attorney who prosecuted the case. The amount of property taken was small, and the prisoner made confession and restitution. special report from the police authorities shows that he has always borne a good character for industry and integrity. Several former employers testify to his good character. His conduct in prison has been excellent.

November 25th-Marinus Bates, convicted 27th January, 1871, of burglary, third degree; term, four years and six months; county of Oswego. Commuted to two years, with further legal deduction for good conduct in prison.

Pardon recommended by Lieutenant-Governor Beach, by the sheriff of Oswego county, the complainant and many prominent citizens. The prisoner, while under the influence of liquor, broke through the window of a store in the house in which he lived, and took a few articles of trifling value, which he gave up the next morning. He had acquired the habit of drinking in the army, but aside from that his character was good. His uncle, a clergyman, will take charge of him when released.

November 29th-Martin McDonald, convicted October 23d, 1872, of malicious mischief; term, six months; county of Saratoga. Commuted to two months.

Granted on the statement and petition of Hon. William T. Odell, John W. Thompson, Thomas Noxon, George G. Scott, George L. Thompson, E. C. Clarke, Jr., H. A. Mann, E. H. Chapman, George W. Chapman, John Wait, James W. Norton, Hiro Jones, David Maxwell and Police Justice McLean. The boy undoubtedly deserved punishment, but in view of his good character and the circumstances attending the offense, it is clear the sentence was too severe.

November 29th-Morris Ready, convicted October 23d, 1872, of malicious mischief; term, six months; county of Saratoga. Commuted to two months.

The prisoner was convicted of the same offense with McDonald, and commutation is granted for the reason stated above in his case.

December 3d-Henry Sharp, convicted December 16th, 1867, of robbery, first degree; term, twenty years'; county of New York. Commuted to five years.

The attention of the governor was particularly called to this case, on his visit to the prison, by the prison officers, who urged a mitigation of the penalty on account of the unusual excellence of the prisoner's conduct. The late Abram Beal, agent of the Prison Associa

tion, warmly favored a pardon for the convict. He is a young man. He is now in poor health. His former employers offer to take charge of him and send him to his friends in England.

December 14th-Joel B. Thompson, convicted February 8th, 1869, of murder, second degree; term, twenty years and three months; county of Rensselaer. Commuted to six years, with further legal deduction for good conduct in prison.

Pardon asked for by the late John A. Griswold, by Thomas Coleman, F. A. Sheldon, George C. Burdett, S. O. Gleason, William H. Tibbetts, Charles Eddy, Charles H. Wilson, George C. Steenburg, C. L. McArthur, George H. Crainer, Chester Griswold, Benjamin Starbuck, Hannibal Green, E. L. Fursman and thirty-five other well known citizens of Troy. The Supreme Court at general term and the Court of Appeals held that Judge Hogeboom's definition of murder in the second degree was erroneous, and that conviction for that grade of crime was improper; but inasmuch as prisoner's counsel did not take exception at the trial, the court could not set aside the · verdict. Judge Grover, who wrote the opinion in the Court of Appeals, and Judge Peckham, who sat in the general term, have written that the conviction for murder in the second degree was not only erroneous, but that upon the evidence the prisoner should only have been convicted of manslaughter in the second or third degree; and Judge Ingalls, who also sat in the general term, says the evidence did not justify the conviction of murder in the second degree. Under this state of facts it has been deemed proper to re-examine the whole case, to the end that substantial justice may be done, and the following conclusions have been reached: 1st. The crime was not murder in the second degree; the courts have so held. 2d. A conviction of murder in the first degree could not have been had. 3d. The killing was not justifiable or excusable, but a verdict of manslaughter in the second degree was warranted by the evidence, and for that crime the convict ought to be punished. The highest punishment by law for this grade of crime is imprisonment in the State prison for seven years. Inasmuch as the prisoner was in confinement for more than a year before trial, the sentence is commuted to six years, with such deduction for good conduct in prison as is given by law.

December 17th-William Wells, convicted March 28th, 1872, of robbery, first degree; term, five years and one month; county of Washington. Commuted to one year, with further legal deduction for good conduct in prison.

Pardon strongly urged by the judge, district attorney and jury; also by the county officers of Washington county, and by a large number of citizens, on the ground of previous excellent character, his youth, and the fact that he was led into this offense by an older man, who was tried at the same time with him, The judge and district attorney unite in saying that if he had been tried alone, he would doubtless have been convicted of a less offense.

December 20th-Frederick Herman and John Fisher, convicted September 7th, 1865, of burglary and larceny; term, ten years; county of Westchester. Commuted to seven years and six months. From all the information which it has been possible to obtain, this does not appear to have been an aggravated case, and the sentence would seem to be excessive. The prisoners, who are friendless, have served all their time, allowing legal deduction for good conduct, but eight months (and their conduct has been excellent), and this commutation relieves them of six months of their punishment.' Had there been a certainty of their employment during the winter, a pardon would have been granted.

December 23d-David Smyth, convicted January 5th, 1870, of grand larceny; term, five years; county of New York. Commuted to three years.

Granted on the application of Francis Speight, for many years, and now, a captain in the police force of the city of New York, in whose precinct the offense was committed. It appears, by a report from police head-quarters, that the prisoner, whose previous character was good, though guilty, was the tool of other parties more guilty than he, but who escaped conviction.

December 23d-Thomas Sweeney, convicted March 1st, 1870, of burglary, third degree; term, four years and six months; county of New York. Commuted to three years and three months, with further legal deduction for good conduct in prison.

A special report from the police department shows that Sweeney had, prior to the offense, been an industrious laboring man. Dr. Chadsey, a respectable physician, who has known the family for several years, says that the prisoner contracted the habit of drinking on account of the death of his child, after which he committed this offense. The amount of property he attempted to take was of no great value. If all the facts had been known to the court, the sentence would, no doubt, have been shorter.

December 27th-George Mead, convicted June 15th, 1870; crime, larceny from the person; term, five years; county of Onondaga. Commuted to three years, with deduction for good conduct.

Applied for by T. B. Carroll, G. Robertson, Jr., John H. Colby, Isaac McConihe, George C. Burdett and others. The district attor ney certifies that the extreme sentence of the law was imposed, in the belief that the prisoner, who was a stranger in Syracuse, was a bad character, and that, if the contrary had been known, the sentence would have been less. The petitioners unite in saying he was a resident of Troy, was not a bad character, and that this was his first offense. These statements are sustantiated by the superintendent of police of Troy, who says he has known him personally for fifteen

years.

December 27th-Abram Fraats, sentenced November 7th, 1872, for intoxication; term, six months; county of Montgomery. Commuted to sixty days.

This was the prisoner's first offense, his character having been very good. Many respectable residents of Schoharie county, as well as Judge Holmes and the committing magistrate, recommend a pardon, being satisfied the sentence ought not to have been so severe.

December 30th, 1872-John Galligher, sentenced October 21st, 1871, for grand larceny; term, four years; county of New York. Commuted to two years, with deduction.

His pardon is asked for by complainant and urged by Hon. John McKeon, of New York city. It is the prisoner's first offense, and in consideration of that, of proof submitted of prisoner's good character and his youth, the sentence is commuted, with the benefit of the deduction for good conduct provided by law, on condition that on the expiration of his term of imprisonment he be taken by his parents, who are respectable citizens of Massachusetts, to their home, and that he do not return to this State for one year thereafter. December 30th-Edward Hoyt, sentenced February 20th, 1872, for petit larceny from the person; term, three years and six months; county of New York. Commuted to two years.

Granted on recommendation of the officers of the prison for unusual and valuable services to the State.

December 30th-John Mullady, sentenced July 17th, 1867, for robbery, first degree; term, ten years; county of Kings. Commuted to seven years, with deduction.

Asked for by Mayor S. S. Powell, Wm. C. De Witt, W. D. C. Boggs, E. J Lowber, Charles B. Elliott, and thirty other citizens of Brooklyn, where the offense was committed. The judge concured. The district attorney believed him to be a bad character, and on this impression his sentence was made longer than that of his companion in crime; the latter being now at liberty. The district attorney now writes that he was mistaken in his first information, and recommends the case as a proper one for clemency. It was prisoner's first offense.

REPRIEVE.

September 24th-John Gaffney, convicted August 3d, 1872, of murder, sentenced to be hanged September 27th, 1872, county of Erie. Reprieved until Friday, October 18th, 1872.

Granted on recommendation of judge and district attorney, to allow time to investigate questions presented in bill of exceptions.