Governor LaFayette Grover's Administration
Report of Pardons, 1872
Source: Messages and Documents, Report of Pardons, September 1872, Salem, Oregon, Eugene Semple, State Printer, 1872.
REPORT OF PARDONS
The following is the report of pardons granted during the two years ending September 9th, 1872, respectfully submitted for the information of the Legislature:
1. JOHN T. MILLER. Wasco county. Assault with a dangerous weapon. Sentenced November 2, 1868. Received at the prison December 25th, 1868. Term of service, two years in the Penitentiary. Pardoned September 23, 1870, on petition. Reasons: His tem of service had nearly expired on account of merit marks, and was especially entitled to consideration for good behavior.
2. WILLIAM BURCHDORFF. Jackson County. Assault with intent to Kill. Sentenced February 21, 1868. Received at the Penitentiary March 2, 1868. Term of service, four years in the Penitentiary. Pardoned October 10, 1870. Recommended by the Judge of the Circuit Court, before whom the trial was had, and other prominent citizens of Southern Oregon. Reason: Statement of Prison Physician showing that Burchdorff was suffering from an aggravated and dangerous form of heart disease, believed to be incurable, and that the disease might be modified and rendered less painful by release from prison, and that further imprisonment would be a cruel and unusual punishment.
3. CHINAMAN TOM. Douglas county. Larceny. Sentenced October 14, 1868, for six years in the Penitentiary, received October 20, 1868. Pardoned December 6, 1870. Reason: Certified statement of Prison Physician that Tom had a complication of diseases pronounced incurable, and being wholly unable to labor was a useless burden to the State. Further incarceration was deemed improper under the law.
4. INDIAN JOHN SMITH. Douglas County. Larceny of a hat. Sentenced November 22, 1872, for one year and three months to hard labor in the Penitentiary. Received December 3, 1870. Pardoned March 24, 1871. Recommended by petition of prominent citizens of the Dalles and six of the jury before whom said Smith was convicted. The Judge of the court, before whom the case was tried, made a statement recommending Executive clemency. Captain John Smith, Indian Agent at Warm Springs, also recommended the pardon.
5. JAMES KELLEY. Multnomah county. Burglary. Sentenced March 14, 1868, for five years in the Penitentiary. Received March 16, 1868. Pardoned March 31, 1871. Reason: The Prison Physician certified that said Kelley was incurable from an aneurism of the descending aorta, and recommended that he be discharged from further confinement as a humane measure.
6. BENJAMIN BUTTERFIELD. Grant county. Arson. Sentenced October 16, 1865, for seven years in the Penitentiary. Received November 2, 1865. Pardoned April 20, 1871. Reason: The physician at the prison certified that said Butterfield had become diseased in mind and body, and unfit for labor, either mentally or physically; and that longer confinement would but aggravate the disease and render his punishment inhuman and severe, and might produce death or permanent insanity. His term of service had nearly expired and he had been sufficiently punished for the crime.
7. DICK COLLINS. Jackson county. Murder in the second degree. Sentenced February 8, 1864, for life in the Penitentiary. Received March 4, 1864. Pardoned June 23, 1871. Recommended by petition of prominent citizens of Jackson county, and the Judge of the Court before whom the case was tried. The physician at the prison certified that said Collins was suffering from a pulmonary disease that was incurable.
8. THOMAS GREENWOOD. Marion county. Assault with intent to kill. Sentenced for ten years in the Penitentiary November 30, 1868. Received same day. Pardoned July 4, 1871. Recommended by petition of citizens. Reason: The physician at the prison certified that said Greenwood was suffering from chronic and incurable diseases, known as nephritis and scirrhous liver, rendering further imprisonment dangerous to life.
9. CHARLES BLAKELY (colored.) Marion county. Assault with intent to kill. Sentenced January 14, 171, for one year in the Penitentiary. Received same day. Pardoned July 4, 1871. Recommended by petition for citizens. Reason: Evidence discovered, after conviction, showing that the assault for which he was convicted was justifiable self-defence.
10. ALFRED RUSHTON. Multnomah county. Assault with a dangerous weapon. Sentenced June 28, 1871, for six months in the Penitentiary. Received July 1, 1871. Pardoned August 21, 1871. Recommended by petition of prominent citizens of Multnomah county. Reasons: A majority of the jury before whom the case was tried and the District Attorney who tried the cause recommended Executive clemency. It also appeared from all the circumstances of the case that said Rushton acted in self-defense, but that the case was not plainly made out before the jury.
11. ELI MASON. Benton county. Manslaughter. Sentenced May 2, 1871, for the term of one year in the Penitentiary. Received May 8, 1871. Pardoned September 1, 1871. Recommended by over four hundred of the most respectable citizens of said Benton county, the judge before whom the cause was tried, a majority of the grand and trial jurors in the case, and the Sheriff and Clerk of the Court where conviction was had.
12. CHARLES BURCH. Multnomah county. Burglary. Sentenced December 20, 1870, for two and one-half years in the Penitentiary. Received December 24, 1870. Pardoned November 3, 1871. Recommended by large number of citizens of Multnomah county, and by the Judge of the Court before whom the case was tried, and by the Prosecuting Attorney, representing that Burch was a minor, convicted of burglary but not actually engaged therein, but was convicted of complicity in the same that he was led into it by older persons; that he assisted the prosecution in obtaining evidence in the case and that he give strong evidence of reform.
13. GEORGE W. BARTLETT. Douglas county. Larceny. Sentenced Oct. 26, 1871, for one year in the Penitentiary. Received November 2, 1871. Pardoned Nov. 4, 1871. Recommended by petition numerously signed by influential citizens of Douglas county, representing Bartlett to be a young man of previous good moral character; that he was entrapped, while intoxicated, into the sale of a horse not his own, by a band of circus riders; that he had been imprisoned in the county jail of Douglas county for five months awaiting trial, and that said imprisonment was sufficient punishment for the offenses.
14. ZADOCK WILSON. Multnomah county. Murder in the second degree. Sentenced to the Penitentiary for life, July 17, 1871. Received the same day. Pardoned Nov. 30, 1871. Recommended by prominent citizens of Multnomah county. Reasons: The jury by whom said Wilson was convicted, in their recorded verdict, unanimously recommended him to Executive clemency. And it appearing by statement of jurors who tried the case, that conviction could not have been had unless it had been understood by several of the jurors, that their recommendation of pardon would have effected the release of the accused within a short time.
15. JACOB RIPLEY. Multnomah county. Larceny. Sentenced Nov. 24, 1869, for three years in the Penitentiary. Received Dec. 2, 1869. Pardoned February 17, 1872. Recommended by petition of prominent citizens of Multnomah county. Reasons: Ripley had served out his term of imprisonment excepting six months. His conduct had been the most exemplary character while in prison, and he showed undoubted evidence of reformation, and had been sufficiently punished.
16. SANTIAM PETE (Indian). Benton county. Burglary. Sentenced August -, 1861, for three years in the Penitentiary. Received August 24, 1861. Escaped March 3, 1862. Recaptured May 3, 1871. Pardoned March 14, 1872. Recommended by Hon. A. B. Meacham, Superintendent of Indian Affairs. Reason: A satisfactory showing was made that said Pete was convicted of a crime committed by another Indian, and that he was innocent of the same.
17. SANGAREE MARSHELLS (Indian). Lane county. Murder in the Second Degree. Sentenced November 26th, 1870, for life in the Penitentiary. Received November 29, 1870. Pardoned March 14, 1872. Recommended by citizens of Lane county and Hon. A. B. Meacham, Superintendent of Indian Affairs. Reasons: Statement of facts not adduced before the Court on the trial of said Marsells, showing grave doubts whether he was guilty of the crime with which he was charged, and that he was convicted on evidence that would not have convicted a white man.
REPORT OF REMISSIONS
The following is the report of remissions granted during the two years ending September 9, 1872, respectfully submitted for the information of the Legislature.
1. SOLOMON BEARY. Yamhill county. Selling intoxicating liquor to a minor. Committed to county jail on failure to pay a fine of one hundred dollars. Fine remitted November 23, 1870. Recommended by prominent citizens of said Yamhill county, who were acquainted with all the circumstances of said conviction and commitment. Reason: A statement of facts proved on the trial, signed by the Prosecuting Attorney of the Third Judicial District, including Yamhill county, was filed with the Executive, recommending clemency in the premises.
2. Remission of forfeiture under penal bond. In the case of the State of Oregon vs. Chas. Wilson, deceased. James B. Stephens, H. F. Bloch, W.H. Bennett, E.W. Tracy, S. N. Arrigoni and Thomas Witherel as sureties upon an undertaking for the appearance of one Chas. Wilson, who was charged with the crime of assulting one Chas. Warren of the county of Multnomah. Remitted -- -- 1872. This forfeiture was remitted on the ground that the sureties having shown due diligence to procure the said Wilson's presence before trial in the case; that the accused has been long since dead. The sworn statement filed in this application for remission render it extremely doubtful if any conviction could have been had if the trial had taken place. And further, because proceedings in this matter had been delayed for nearly ten years.
REPORT OF PARDONS
Issued by Governor George L. Woods on September 12, 1870, the day before the close of his official term, and not reported by him to the last Legislature.
1. MICHAEL O'LAUGHLIN. Marion county. Assault with intent to kill. Sentenced July 9, 1870, for three years in the Penitentiary. Received same day, and pardoned September 12, 1870.
2. GEORGE W. BALLARD. Benton county. Manslaughter. Sentenced November 17, 1868, for five years in the Penitentiary. Received November 18, 1868, and pardoned September 12, 1870.
3. JOHN LATHAM. Marion county. Burglary. Sentenced November 29, 1867, for six years in the Penitentiary. Received November 30, 1867, and pardoned September 12, 1870.
4. NELSON HAUXHAUST. Marion county. Manslaughter. Sentenced June 30, 1868, for ten years in the Penitentiary. Received June 30, 1866, and pardoned September 12, 1870.
5. ED MARSHALL. Union county. Larceny. Sentenced November 18, 1867, for four years in the Penitentiary under one indictment, and three years under another. Received November 23, 1867, and pardoned September 12, 1870.