DuBols, DeLancy F.

Commutations 217

Brownlee being so grossly intoxicated that he must have been wholly incapable of forming an intent to kill or of being actuated by any deliberate or intelligent purpose. The district attorney very earestly recommends that Brownlee be released, believing that the shooting was wholly accidental, and that in any event the punishment ought not to exceed that prescribed for manslaughter in the first degree. This is concurred in by a large number of the business men of Yonkers where Brownlee lived and where the shooting took place.

July 11, 1900. William Flannigan. Sentenced May 18, 1899; county, New York; crime, assault, second degree; term, two years and six months; prison, Sing Sing.

Commuted to one year and two days, actual time.

The injury inflicted by the assault was not serious, and, considering the provocation and Flannigan’s previous good character, imprisonment for one year is ample.

July 11, 1900. De Lancy F. Dubois. Sentenced April 14, 1899; county, Steuben; crime, manslaughter, second degree; term, three years; prison, Monroe County Penitentiary. Commuted to one year, two months and twenty-seven days, actual time.

Dubois and the deceased, who had been inmates of the New York State Soldiers and Sailors’ Home, were at the time of the homicide living in a house which they had rented together a short distance from the village of Bath. One morning, while they were engaged in a quarrel, Dubois struck the deceased on the head with an empty pitcher which happened to be near at hand, thereby severing a small artery, and, proper attention not being given to it, the deceased bled to death. The injury was clearly unintentional and all the

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