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    1. [NORCAL] THE PARDON OF KESTER
    2. Pat Linton
    3. Many years ago I received a xerox copy of a newspaper article from a very distant cousin.  I do not know what newspaper it was in, but there was the date of "Feb. 20, 1892" handwritten on the article.  The cousin who sent me the article did not know anymore about it.  The article has never been easy to read and is now very faded and almost impossible to read.  Years ago I handwrote it out, so the article is as follows:   THE PARDON OF KESTER        Among the recommendations for pardon published in the "Chronicle" of the 15th inst., we notice the following:        Josephus Kester, who was found guilty of the killing of his half brother in Trinity county, has also applied for a pardon.  Judge Bell, who sentenced him to twelve years imprisonment, has written to the Governor urging him to exercise executive clemency in Kester's behalf.  He states that if the prisoner had been properly defended he would not have been adjudged guilty of murder.  His dead relative is pictured as a bad man who was never without a gun.  Kester is represented as an industrious and peaceful fellow.        Hon. W. J. Cr----- and D. G. Real (sp), Esq. conducted the defense and we have heard many complimentary remarks on the able manner in which Kester was defended, and the general impression prevails that if he had not "been properly defended" he would have swung from the gallows".  Had the victim been other than a brother there might have been more mercy shown the accused by the jury as prior to the murder Joe had always born a good reputation.  While there may have been some extenuating circumstances connected with the shooting they could not fail to have less weight than they would have had in a case where the parties were in no way related.        The sharp ammadversion (sp) heaped upon the head of Judge Bell by the citizens of this community must make his ears tingle and the chills run down his spine, if there is any foundation for Mark Twain's  theory of "mental telegraphy".  At this time we have nothing to say regarding  the merits of the case, but as Judge Bell presided at the trial and now states that if Kester "had been properly defended he would not have been adjudged guilty of murder", why did he not give the prisoner a lighter sentence?  One of the attorneys in the case called Bell a monohippie Judge, and we are inclined to the same conviction as he does not stick to the sentence imposed by him.   The Kester in this trial was a brother to my 2nd great grandmother, Medora Ann Kester.  I would so much like to know which brother he killed, etc.    Any help would be greatly appreciated!   Pat       

    01/11/2010 05:38:52