Roche, Guy

Commutations 225

ing altogether his account of the affair, the crime, committed as it was, not with cool deliberation, but under circumstances of great and sudden excitement and confusion, was not of such atrocity as to demand rigorous enforcement of the severe penalty of life imprisonment. Cody has now served an unusually long term, during the whole of which his conduct has been most exemplary, and justice does not require more.

December 4, 1900. Timothy Donovan. Sentenced December 21, 1888; county, Erie; crime, murder, second degree; term, life; prison, Auburn.

Commuted to eleven years, eleven months and thirteen days, actual time.

Very strongly recommended by Judge Kenefick of the Supreme Court, who was district attorney at the time of the trial, and who says that in his opinion a conviction of man-slaughter in the first degree would have been a juster disposition of the case, and that in that view of it Donovan's punishment has been sufficient, being about four months short of the maximum term with the usual deduction for good behavior.

December 26, 1900. Guy Roche. Sentenced June 25, 1897; county, New York; crime, assault, first degree; term, nine years; prison, Sing Sing.

Commuted to three years, six months and three days, actual time.

The prisoner has suffered all the punishment that justice requires and if released now can secure permanent employment.

December 31, 1900. Annie Walden. Sentenced April 28, 1892; county, New York; crime, murder, second degree; term,

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