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“It was a clear case of robbery, but in my judgment the evidence fell short of supporting the charge of intention to kill, if resisted, and if a motion for a new trial had been made I think I must have granted it on this ground. There was no evidence of any premeditated or previous design of doing wrong, and the whole transaction seems to be rather the result of a boyish drurken spree than of a conspiracy or previous wicked intent. If the verdict had been for simple robbery, as I think it should have been, he would have been sentenced for one year. Clark has always been accounted a hard working, harmless, sound man, and this seems to have been his first offense.
* But I will say this, that hearing the trial and knowing wbat I do of the case, in my opinion the interests of criminal justice would not be ignored, but either promoted by an exercise of the pardoning power in this case after he has remained one full year.
From the evidence on file in this department, it seems very evident that justice requires that pardon should be granted, as it was, at the expiration of one year's imprisonment. 2. ANTON VOGEL
Convicted before tbe circuit court of Washington county, October 26, 1867, of the crime of burning a warehonse, and sentenced to imprisoument in the State prison for four years. Pardon granted March 31 1870. A large number of citizens of the locality where the offence was committed, eight of the jury who found the verdict, and the district attorney, join in recommending the same. The railroad company, whose pruperty was destroyed, asks for parlon, all for the reason that the crime was committed during a time of intense excitement, growing out of the alleged wrongs of the farm mortgagors committed by the railroad company. The excitement has passed away, the wrongs bave been righted as far as possible by the present company, and it is believed by the law officers and all directly interested that Vogel's punishment has been ample to satisfy public justice and that executive clemency in this case would bave a good, rather than a bad effect uson society in the section of the State where he resides. 3. EDWARD Dawson
Convicted before the circuit court of Milwaukee county, January 17, 1857, of the crime of murder in the first degree, and sentenced to imprisonment in the state prisen for life. Pardon granted May 111, 1870, on the petition of the prisoner and the statements and recommendations of Judge Mallory, Judge Arthur McArthur, the prison officers and many o her worthy citizens of this State. the papers on file in the case in the executive office, it is clear that the evidence of his having r urdered Margaret Higgins, as alleged, is wholly cire instantiai, and such as left grave doubts of his guilt upon the minds of those wio were familiar with the case, and subsequent events bave greatly strengthened such doubts. One of the
most material witnesses for the prosecution, Mrs. Simmons, is alleged to have stated, on her deathbed, that she testified falsely against Dawson, to shield the guilty party, who was dead at the time of such confession. This significant circumstance, the prisoner's acknowledged good character prior to the murder, the absence of any motive to commit the crime, bis subsequent good bebavior in prison, as certified by all the officers who since bis confinement have bad him in charge, all tend to confirm the doubt which arises from a careful review of the testimony. He was imprisoned about thirteen and a half years, and during that time labored constantly, willingly and well. At the conflagration of the shops he was especially distinguished for bis heroism, risking his life at a parrow bazard to prevent an explosion, wh ch but for his efforts and daring would have occurred, occasioning great loss of life among citizens, officers and prisoners. In view of the foregoing, the pardon was granted as the demand of justice and homanity. Uranied by Lieutenant Governor Pound. 4. James K. LUM
Con: icted before the circuit court of Grant county, March 21, 1870, of the crime of polygamy, and sentenced to imprisonment in the state prison for two years. Pardon granted September 3, 1870, upon recommendation of Judge J. T. Mills, who tried him, the district attorney, and many other worthy citizens of Grant county, It appears from their statements that he was not inte tionally guil. ty of the crime, and did not fully understand the legal effect of his act in marrying the second time. He had borne an excelent reputation until family troubles led him into the act for which he suffers the penalty
RECAPITULATION. From county jails....
10 From House of Correction
9 From State Prisou ....
Whole number granted
LUCIUS FAICH LD.
MESSAGE FROM THE ASSEMBLY.
I am directed to inform you that the Asgembly has adopted, and asks the concurrence of the Senate in
Jt. Res. No. 4, A.,
Jt. Reg. No. 5, A.,
ASSEMBLY MESSAGE CONSIDERED.
MESSAGE FROM THE ASSEMBLY.
By E. W. Young, Chief Clerk thereof. MR. PRESIDENT :
I am directed to request the return to the Assembly, for further consideration,
Jt. Res. No. 1, A.,
On motion of Senator Haebscbnann,
TUESDAY, JANUARY 17, 1871.
7 o'clock, P. M.
Senate convened agreeably to adjournment.
By Senator Strong:
Resolved. That the annual message of his excellency the governor be referred to the standing committees of the senate as follows :
So much thereof as relates to the finances and the subject of taxation, to tbe committee on Finance.
So much as relates to banks and banking, to the committee on Banks and Banking.
So much as relates to the legislature, to committee on Judiciary. So much as relates to education, to committee on Education.
So much as relates to charitable and benevolent institutions, to tbe committee on Benevolent Institutions.
So much as relates to the state prison, to the committee on State Prison.
So much as relates to industry, geological survey, investigations, immigration and the state capitol, to the committee on State Affairs.
So much as relates to internal improvements, to the committee Zon Internal Improvements.
So much as relates to rail roads, to the Committee on Rail Roads.
So much as relates to agriculture and manufactures, to Committee on Agriculture.
So much as relates to local legislation, to the Joiot Committee on Local Legislation.
So much as relates to public lands, to the Committee on Public Lands.
And so much as relates to national affairs, to the Committee on Federal Relations.
Said resolution was, on motion, adopted.
Resolved by the Senate, the Assembly concurring, that the superintendent of public property is hereby authorized and instructed to employ some suitable person to take charge of the flag on the capitol during the session of the present legislature,
Which lies over. By Senator Pratt : Res. No. 9, S.,
Resolved, That the following be added to the standing commi:tees :
Joint Committee on Charitable and Benevolent InstitusionsSenators M. H Pittit, E. S, Miner, S. D. Burchard.
Joint Committee on Local Legislation–Senators Samuel Pratt, Francis Huebschmann.
Which was adopted. By Senator Pratt: Res. No 10, S.,
Resolved, That the superintendent of public property be, and ho is bereby instructed to furnish for the use of ihe senate three of Chap.nan's new maps of the state of Wisconsin, published in 1869, to be hung in convenient places in the senate chamber.
Which lies over.
Jt, Res. No. 2, S.,
Joint RESOLUTIONS agreeing to an amendment to article four of
the constitution of the State of Wisconsin. WHEREAS, The legislature of this State, at its annual session for the year 1870, proposed and adopted by a vote of a majority of the members elected to each of the two houses, an amendment to the constitution of this State, in the following language :
Resolved by the Senate the Assembly eoncurring, That article four of the constitution be amended by adding thereto two other sections, which shall read as follows: Section 31. The legislature