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EXECUTIVE MESSAGES.

STATE OF WISCONSIN.

ExecutivE DEPARTMENT,

Madison, January 1", 1871. To the Honorable, the Legislature : "I deena"it proper to communicate to your honorable body the sad intelligence of the death of Hop. Byron Paine, associate justice of the supreme court of this State, who departed this life on the evening of the 13th inst.

The loss of such a man to the State is almost irreparable. His ominent ability and valt able survices as a jurist, his stainless integrity and devotion to duty as julge, and his unblemished private life, endeared him to the people, and will cause him to be long remembered as one of the best men of his time in the State.

The funeral will take place from bis late residence in Madison, tomorrow morning, at eleven o'clock.

LUCIUS FAIRCHILD.

STATE OF WISCONSIN,

Executive DEPARTMENT,

MADISON, January 16, 1871. To the Honorable, the Legislature:

As required by section six of article five of the constitution, I hereby communicate to your honorable body the several cases of re. prieves, pardons and commutations granted during the year 1870, with the reasons for granting the same, as follows:

Statement of Pardons Granted in 1870.

FROM COUNTY JAILS.

1. DANIEL BUTLER

Convicted before the police court of Madison, Dane county, on the 17th day of November, A D. 1870, of the crime of assault and battery, and thereupon sentenced to pay a fine of thirty dollars and costs of prosecution, and in default of payment committed to the common jail of said county. Pardon granted January 28, 1870, upon recommeodation of sheriff of Dane county, and many other worthy citizens of Madison, who state that said Butler is very poor and ucable to pay the fine and costs in default of which he was imprisoned. He remained in jail 73 days, which was deemed a sufScient punishment. The offence was committed while the prisoner

was intoxicated. He promises to refrain in the future from the use of intoxicating liquors as a beverage, upon which condition the pardon is granted by Lieutenant Governor Pound. 2. WILLIS B. RAYMONDConvicted before the circuit court of Waupacı county,

the — day of December, 1869, of the crime of forgery, and sentenced to imprisonment in the county jail of said county for one year. Pardon granted January 25, 1870, upon the recommendation of the county judge, district attorney, and a large number of reliable citizeng ot Waupaca county, who made statements which convinced me that till the commission of this offence the prisoner bore a good character; that the a:t was one of thoughtlessness, and not of intentional criminality; that he is truly penitent, and has bevr sought to avoid the consequences of his crime, and that the ends of justice demanded bis pardon. 3. Joan Sands

Convicted before the police justice of Madison eity, Dane county, March 5, 1870, of fishing in Lake Mendota, contrary to the ordiDances of said city, and sentenced to pay a fine of five dollars and one-half the costs of prosecution; committed to jail in default of payment. Pardon granted Mareb 7, 1870, upon tl e recommendation of the constable by whom he was arrested aud the justice before whom he was tried. The offender is a mere boy, and his pa. rents una!:le to pay the fine. The ordinance bad but recently gone into effect and the boy was iguorant of its provisions. 4. CHARLES BEECHER

Convicted before the police court of the city of Madison, Dane county, March 2, 1870, of the crime of larceny, and sentenced to imprisonment in the county jail for sixty days. Pardon granted April 14, 1870 The crime (stealing a buffalo robe) is represented to have been committed while the prisoner was in a state of stupid intoxication ; the prisoner bs beretoforo borne a good reputation, and promises to abstain from the use of intoxicating liquors as a beverage. His pardon was granted, upon the condition that he do 80, hy Licutenant Governor Pound. 5. CHARLES BROCKMAEAR

Convicted before the circuit cours for Dane county, December 3, 1869, of the crime of assault witb intent to murder, and sentenced to imprisonment in the county jail for nine months. Pardon granted July 22, 1870, upon recommendation of county judge, sheriff and district attorney. The prisoner is a common farm laborer, has a large family dependent on him for support, and if released so as to labor in the barvest field could earn money for their support the coming winter. He is penitent and promises to live in the future as be ought, and in the hope that he was reformed by this punishment the pardon was granted.

6. ELIAS M. WHEELER

Convicted before a justice's court of Columbia county, August 24, 1870, of assault and battery, and sentenced to imprisonment in the county jail of said county tor twenty days, and to pay costs of prosecution. Pardon granted September 3, 1870, upon statement of Hon. J. J, Guppy, county judge of Columbia county and the district att rney of said county, which clearly shows that this man was improperly convicted because of a misapprehension of the case by the justice of the peace. 7. William Sioltz

Convicted before a justice's court for the county of Jefferson, ou the 2.jd day of February, 1870, of the crime of forgery, and thereupon sentenced to imprisonment in tve county jail of said county for the term of one year. Pardon granted July 23, 1870, upon the recommendation of the judge who tried, and district attorney who prosecuted, and other citizens, because 10 is evident the offense was committed without tbe intention to do wrong or defraud any onc. He is only technically guilty and had been punished too much. His health bas ocen injured by confinement, and justice required bis release. 8. JONATIAN WESTONHAVER

Convicted before a justice's court in and for Sauk county, October 27, 1870, of the crime of larceny, and sentenced to imprisonment in the county jail of said county, for the period of ninety days. Pardon granted November 25, 1870, upon recommendation of county officers, county judge, district attorney, chairman county board of supervisors, and many citizens. The property stolen was trifling in value, and was returned to the owner. The prisoner is a young boy, and it does not appear that when he took the property he intended to steal it. He bad been sufficiently punished. 9. ANDREW PATTERSON

Convicted before a justice's court for Outagamie county, September 10th, 1870, ot the crime of assault and battery, and sentenced to pay a fine of $30 and costs of prosecution, and in default of payment, to be committed to the county jail till fine and costs are paid. Commi ted in default of payment. Pardon granted November 26th, 1870, on recommendation of county board of supervisors of said county. Prisoner is very poor, and could not pay the fine; had been punished sufficiently, and justice did not require his further confinement. 10. PIILIP Roach

Convicted before a justice's court for Dane county, Dec. 12, 1870, of assault and battery. Sentenced to pay a fine of $1 00 and costs of prosecu:ion, amounting to $23.23, and in default of payment committed to jail Pardon granted Dec. 14, 1870, on the application of the justice who imposed the fine and other good citizens.

The justice's statement shows that the prisoner was not guilty of more than a technical assault, and that if all the facts had been before him, he should not have fined the boy. The boy is a poor, hard-working laborer, aod upable to pay the fine. Pardon granted by Lieutenant Goveruor Pound.

of

From House of Correction, Milwaukee County. 1. Tuomas W. Flynn

Convicted before municipal court of said county, January 13, 1869, of the crime of larceny, and sentenced to imprisonment in said house for one year. Pardɔn granted 'five days before the expiration of his term, upon the recommendation of the Inspector of the House of Correction, because of his exemplary conduct in prison and bis evident repentence. 2. Jacos BURNER

Convicted before the municipal court of said co^nty, October 8, 1869, of the crime of assault, and sentenced to imprisonment in said house for six months. Pardon granted January 20th, 1870 upon statement of reliable citizens of Milwaukee county, tłat tho prisoner has always been industrious and borne a good reputation that he was indicted for assault with intent to kill, but his plea assault without such intent was accepted. The assault was pro voked by the person assaulted. The ends of justice did not require bis further imprisonment. 3. MARY JANE BULKE

Convicted before the municipal court of said county, October 14, 1869, of the crime of lareeny, second offence, and sentenced to imprisonment in said house for two years. Pardon granted February 9, 1870, at the request of the inspector of the house of correction. The prisoner was a married woman, and pregnant, and about to be confined. Suitable care and accommodations could not be given tu her in the prison during confinement. Humanity dictated that, under the circumstances, she be released and taken boy her husband to his home in Iowa.

John HAGERTI

Convicted before the municipal court of sail courty, May 10, 1870, on charge of vagrancy, and sentenced to imprisonment for 30 days, in the house of correction. Pardon granted May 25, 1870. The man is quite old, has a large family dependent on hiin for support. He was convicted because of habitual drunkenness, more to sober than to punish him. After a few days confinement he promised to take the pledge, and refrain thereafter from the use of liquor. Pardon granted to aid bim in this resolution. 5. MARY CUDDELEY

Convicted before the municipal court of said county, June 25,

1870, on charge of being intoxicated, and sentenced to the house of correction for thirty days. Pardan granted July 2d, 1870, on the statement of Judge Mallory, of the inunicipal court, that had he been aware that the woman had a very young infant at home he should not have sentenced her, as the child required her care. Released on grounds of humanity. 5. Jonn KINNEY

Convicted before the municipal court of said county, April 25th, 1870, of the crime of assault and battery, and sentenced to pay a fine of $20 and costs, and to stand committed to said house till fine and costs were paid. Pardon granted July 6tb, 1870, because of ill health of prisoner. His family were dependent on bim for support, and his punishment fell heaviest on them. The offense was ommitted while the prisoner was it sicated, and bis pardon is granted on condition that he never again drink intoxicating liquor as a beverage. 7. DANIEL SULLIVAN 8. Eugene Sullivan

Convicted before the municipal court of said county, October 26, 1870, on charge of vagrancy, and sentenced to imprisonment in the House of Correction for sixty days. Pardon granted November 12, 1870, on recommendation of judge of municipal court, district attorney, and inspector of the Touse of Correction, because of the tender age of the brys. Theie health is such as to require paternal care. The inspector was of the opinion that the boys were “ton yonng to be confined in an institution like the one under his

charge.”

9. RAMSEY WRITE

Convicted before the municipal court of Milwaukee courty, Nov. 231, 1870, on charge of vagrancy, and sentenced to impoisoninent in said house fur ninety days, at hard labor. Pardon granted Dec. E, 1870, on recommendation of Municipal Judge and other promi nent citizens. The prisoner is a boy of 16 years of age. He had disobeyed bis mother, and she inade a complaint against him to awe him into obedience. The penalty imposed was greater than she intended. The inspector certified to his good conduct in prison. Pardon granted by Lieutenant-Governor Pound.

From State Prison. 1. Silas C. CLARK

Convicted before the circuit court of Jacksun county, at the March term, in 1869, of assault with a dangerous weapon and robbery, and sentenced to three years imprisonment in State prison. Pardun granted March 15, 1870, on the recommendation of a large number of citizens of said county, the judge before whom trial was had and the district attorney who prosecuted. The judge says:

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