Five Years on a Fraud's Word

After serving five years in the penitentiary at Walla Walla, John Bryan now walks the streets a free man. Along with John Miller, he had been convicted of robbing H. Cotton's stock farm and sentenced to ten years in the penitentiary. The conviction was secured by W. D. Fenton, prosecuting attorney for the county, and was the result of circumstances connected with Cotton himself. After the men had served their five years, the fact developed that two other members of the party were the real criminals, and that Bryan and Miller were innocent. Upon this showing, Bryan's friends took hold of the case. A petition for pardon was signed by Mr. Fenton, and a few days ago Bryan was pardoned by Gov. McGraw.

One of those most active in securing Bryan's release was Deputy Sheriff T. P. Ferris, of Pierce county, who wrote to Bryan saying he would not believe Cotton under oath, and that William Thompson and Jerry Driscoll, of Tacoma, were willing to make affidavits as to Cotton's character. Bryan answered as follows:

"Dear Sir: Yours at hand, and I was glad to learn that there is one man with backbone enough to state what he knows of that unfortunate old fraud, H. Cotton. He is the identical man, and you have stated his record as I know it. I am not trying to prove that Mr. Cotton gave [false] testimony, but that he has been in the prison house. I know that he deliberately and premeditatedly lied in my case, and I wanted to show his statement.

"I have [the matter] before the governor and have been recommended by W. D. Fenton, of Portland, Or., on the basis of his knowledge of the facts of the trial. He was [district attorney] for the district, then by John F. Miller, his attorney, who came down here and investigated the case on the basis of a confirming affidavit made by two prisoners in this penitentiary who actually committed the crime, but they contradicted the vagaries of Mr. Cotton in many important particulars.

"I have no means to pay for affidavits, but if you feel disposed to write to the governor you will confer a great favor on me. If you know the names of others who know Mr. Cotton's private character please inform me.

"I have heard that Cotton was arrested some years ago for a felony at Newhall, Los Angeles county, Cal. I have been here over five years on the strength of his unsupported testimony."

John F. Miller, who was at that time justice of the peace, remembers the case well, as the men were brought before him at their preliminary examination. He also received a letter from Mr. Ferris relative to the men, and thought the case a proper one to be laid before Gov. McGraw. The evidence at the trial showed that Cotton had lost his money, but whether he had been robbed was another question, as the evidence showed he had been out all night visiting gambling houses and resorts of questionable character.

Nothing has yet been done in regard to Bryan's companion. It is thought his case will also be referred to the governor, with a recommendation for executive clemency. Bryan is now enjoying his freedom and is to be seen on the streets almost every day.