Cody, Vincent

224 Public Papers of Governor Roosevelt

Commuted to seven years and fifteen days, actual time.

The punishment has far exceeded the demands of justice. The prisoner is released on the recommendation of the judge who sentenced him. November 16, 1900. John Moran. Sentenced June 7, 1897; county, New York; crime, grand larceny, first degree; term, four years and six months; prison, Sing Sing.

Commuted to one year and twenty-four days, actual time.

Considering the prisoner's previous good character and his very feeble state of health the term he has now served is deemed sufficient. The complainants, nine of the jurors (all who can be found) and other citizens ask that his sentence be commuted.

November 23, 1900. Vincent Cody. Sentenced October 18, 1867; county, New York; crime, murder, second degree; term, life; prison, Sing Sing.

Commuted to thirty-three years and one month, actual time.

The homicide was the result of a sudden affray in a bar room for which all the persons engaged, including the deceased, were equally responsible. Cody has always maintained his innocence of the crime of murder, insisting that the killing was accidental, having been caused by the accidental discharge of a pistol in the hands of the deceased which Cody was endeavoring to take away from him. Although a claim of innocence without satisfactory proof to support it is generally of but little account on an application for clemency, it is to be considered in this case that at the time of the trial defendants were not permitted to testify as witnesses in their own behalf, and consequently that Cody's side of the story was not given to the jury. But disregard-

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