216 Public Papers of Governor Roosevelt
the same floor in the rear of the store, it was held that the store formed part of a dwelling-house and therefore that the crime was burglary in the first degree, although neither of the living rooms was entered or the occupants disturbed. This was no doubt strictly legal, but it was certainly holding the prisoner to a very rigid account ability, and as this was his first offense the sentence seems quite severe. The judge and the district attorney are in favor of reducing it.
May 21, 1900. Daniel Van Deusen. Sentenced March 5, 1879;county, Albany; crime, murder, second degree; term life; prison, Clinton.
Commuted to twenty-one years, two months and eighteen days, actual time.
Recommended by the district attorney who prosecuted the case, by the justices of sessions, and by many others familiar with the facts. The prisoner was less than twenty years of age at the time of the homicide and was provoked into committing it by the most exasperating conduct on the part of the deceased. In view of all the circumstances, the term he has now served is sufficient.
July 11, 1900. Thomas J. Brownlee. Sentenced March 5, 1880;county, Westchester; crime, murder, second degree; term, life; prison, Sing Sing.
Commuted to twenty years, four months and eight days, actual time.
Brownlee shot a companion with whom he had been spending the day on a steamboat excursion. There had been no quarrel between them, and, from the facts as stated by the district attorney, there seems to have been no motive whatever for the act. Both men were under the influence of liquor,
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