Russell, James

Commutations 215

if the offense actually committed was more than simple assault. The judge and the district attorney are in favor of commuting the sentences.

May 3, 1900. Jacob Gerhardt. Sentenced June 18, 1881; county, Sullivan; crime, murder, second degree; term, life; prison, Clinton.

Commuted to eighteen years, ten months and seven days, actual time.

The facts, as reported by the district attorney, fully sustain him in the view that the conviction ought not to have been for a higher grade of homicide than manslaughter in the first degree. The killing, the result of a sudden quarrel, was committed in the heat of passion and without any real purpose to effect death. Until the commission of the crime, Gerhardt had always borne a good character, and his conduct during his long imprisonment has been exemplary. He has now served a longer term than the maximum penalty for manslaughter and commutation of his sentence is recommended by the district attorney who procured the conviction, by his associate counsel, by the county judge, who was a member of the trial court, by the present county judge and by other leading citizens of Sullivan county.

May 3, 1900. James Russell. Sentenced March 18, 1890; county, New York; crime, burglary, first degree; term, twenty years; prison, Sing Sing.

Commuted to ten years, one month and sixteen days, actual time.

The prisoner was convicted of breaking and entering a liquor store. Ordinarily, this would constitute burglary in the third degree, the maximum penalty for which is five years; but it appearing that the proprietor and his family lived on

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