COMMUTATIONS 213
O’Brien has served about half his term, less the usual deduction for
good behavior. He will probably not live long, being very ill with
consumption, and Mrs. Maud B. Booth makes a very earnest appeal for
his release.
January 9, 1900. Valentine Dick. Sentenced December 12, 1898;
county, New York; crime, assault, second degree; term, three years;
prison, Sing Sing.
Commuted to one year and twenty-seven days, actual time.
The assault did not result in serious injury to the complainant, and
the evidence on the trial tended very strongly to show that he was
really the aggressor. The prisoner appears to be a man of good
character, and the judge and the district attorney think his case a
proper one for clemency.
February 8, 1900. John Gerkey, or Yerkey. Sentenced March 28,
1895; county, Niagara; crime, arson, third degree; term, six years and
eight months; prison, Auburn.
Commuted to three years, seven months and eighteen days, actual
time.
The prisoner was confined in the county jail for more than a year
awaiting decision of an appeal from the judgment of conviction. Judge
Millar, before whom he was tried, thinks it but just to allow that time
as part of his sentence.
March 24, 1900. John Flynn. Sentenced January 12, 1898; county,
New York; crime, assault, second degree; term, five years; prison,
Sing Sing.
Commuted to two years, two months and twelve days, actual time.
Two trials were had in this case, the first trial resulting in a
disagreement. An examination of the evidence given on