DECISION. Whereas, at the February term of the District Court,
for the Fourth Judicial District, in and for the City and County of
San Francisco, Michael Hargain was convicted of the murder of
Honora Hargain, in the first degree, and sentenced by the Court to!
be hung on Friday, the 3d day of May, 1861;

And whereas, upon representations made to the Executive of the
State, the sentence of the Court was respited to Friday, the 26th day
of July, instant;

And whereas, further, it having been represented to me by the
jury who tried and convicted the said Hargain, that they were una-
ble for a long time to agree upon a verdict on account of doubts re-
garding the sanity of the prisoner; the extenuating circumstances,|
and the great provocation under which he labored, and that if it
had not been believed and understood by the jury, that the Execu-
tive would interpose his clemency, a verdict of guilty, as charged in
the indictment, would not have been obtained; and the said jury,|
together with a large number of respectable members of the San
Francisco bar, earnestly invoke the Executive interference for thej
commutation of the sentence of the Court to that of imprisonment
for life;

Now therefore, by virtue of the authority in me vested by the
Constitution and laws of the State, I hereby commute the sentence
of the Court, from death by hanging, upon the said Michael Har-
gain, to that of imprisonment for life in the State Prison, and the
Sheriff is hereby commanded to convey the said Hargain to the said
State Prison accordingly, to be there securely and safely kept for
the period of his natural life.

Total Number of Commutations.

Grounds on which Petition is based.

Names of Petitioners known to Gov.

That the crime was committed under Gen. James Shields, H. H. Byrne, John
great provocation, sufficient to create
doubts in the minds of the jury as to
his sanity; and the jury were of the
opinion that a recommendation of the
prisoner to mercy would prevent him!
from receiving the extreme penalty of
the law.

Curry, George B. Tingley, Samuel
Platt, Geo. F. Sharp, Elisha Cook,
John V. Watson; George F. Parker,
Frank Eastman, and nine others of
the jury who tried the case; Thomas
Hayes, R. F. Ryan, John Kelly, and
numerous other citizens of San Fran-
cisco.

RESTORATIONS TO CITIZENSHIP,

Granted by Governor John G. Downey, for the year 1861.