tion of November 5, 1907, have been preferred against you, and your removal from the office of State Superintendent of Elections for the Metropolitan Elections District has been asked, by Nathan Vidaver, Sylvester L. Malone, James A. Donegan, James A. Allen, M. F. Ihmsen and M. J. Mack, stated to be a committee acting in behalf of the Independence League. A copy of such charges is herewith served upon you. You are further notified that opportunity will be afforded you of being heard in your defense and you are hereby directed to answer said charges and to file said answer with me within eight days after service of this order, and a copy of said charges, upon you. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Privy Seal of the State at the [L. S.] Capitol in the city of Albany this twentyseventh day of November in the year of our Lord one thousand nine hundred and seven. CHARLES E. HUGHES (Signed) By the Governor : ROBERT H. FULLER Secretary to the Governor The above charges against William Leary were dismissed June 29, 1908. See Governor Hughes' Public Papers for 1908. XI PARDONS AND COMMUTATIONS TO THE LEGISLATURE: Albany, March 18, 1908 I have the honor to transmit a statement of the pardons and commutations granted during the year 1907. There were no reprieves. CHARLES E. HUGHES. Pardons May 28. Henry Whitbeck. Sentenced March 26, 1907; county, Columbia; crime, public intoxication; term, ninety days; Albany County Penitentiary. The prisoner has served two-thirds of the sentence, and has been sufficiently punished. The committing magistrate asks that he be released. August 19. Salvatore Scarola. Sentenced December 10, 1906; county, New York; crime, assault, second degree; maximum term, five years; Elmira Reformatory. In repelling a sudden and unprovoked assault the prisoner cut his assailant with a pen knife which he had open and was using at the time. The act The act was wholly unpremeditated, and, under the circumstances, did not demand severe punishment. Judge O'Sullivan, who imposed the sentence, recommends clemency, and the district attorney, while not expressly recommending it, is quite favorable to it. The prisoner had always maintained an excellent character, and considering all the circumstances he has suffered a sufficient penalty for his offense. October 31. Philip Murray. Sentenced May 2, 1907; county, New York; crime, assault, second degree; term, one year; New York Penitentiary. From a careful examination of the evidence given on the trial I am convinced that the conviction was wrong. The defendant ought to have been acquitted and justice demands his release. |