PARDONS 227
mitting magistrate and the complainant on the ground that, considering
the prisoner's youth and previous good character, he has been
sufficiently punished.
December 29, 1899. John J. Hannigan. Sentenced January 21, 1898;
county, New York; crime, assault, second degree; term, two years;
prison, Sing Sing.
Hannigan, a police officer, was convicted of shooting a boy whom
he was pursuing and endeavoring to arrest. Although there was
evidence sufficient to sustain the conviction, there was considerable
doubt as to some of the most material and important facts. There was
certainly no intention on the part of the prisoner to commit a crime,
the utmost that can be urged against him being an excess of zeal. He
appears to be a man of excellent character; he has, by reason of his
conviction, lost his position on the police force; and he suffered
several months' imprisonment before going to Sing Sing. The Supreme
Court, in affirming his conviction, say: "The sentence, in view of the
facts and the jury's recommendation to mercy, was severe, and if we
had jurisdiction it would justify a modification of the judgment; but it
was within the power of the trial judge to impose it and is not a
subject for our interference. The appeal in that regard must be
addressed to the Executive."