Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1870-03-17
SENTENCE OF PRISONERS.

On Thursday morning last the Court
of Common Pleas proceeded to sentence
the prisoners convicted at this term of
the Court, and a member of the bar has
furnished US copies of the sentences.
William Armstrong, convicted of
Burglary:
In this case motion was made for q
new trial, upon the ground that there
was no evidence even tending to show
that the prisoner was guilty of Burglary
whatever else he might have been
guilty of.
The Court overruled the motion,
stating that it depended upon the intent
of the party-as to what the crime was
and that there was some evidence
from which ajury might infer such in
teut, but that he would take that matter
into consideration in the time for which
the prisoner would be sentenced.
WILLIAM ARMSTRONG. stand up. The Grand
Jury of the County have indicted you under the
II Section of the Crimes Act for Burgl ary, your
case has been tried to Jury, you have had
Jury is that you are guilty as charged in the
Indictment. If you desire to say anything
why sentence shall not be passed upon you that
opportunity is now offered you'll have Moth
ing to say, only ask the mercy of the Conrt)-
have already indicated in overruling the mo-
ton for new trial that was madein your case
that the Court fully heard and understood the
character of the offence char ged against you,
and would take that into consideration in
fixing the extent of tn punishment. Under
this Statute the punishment to be inflicted,
cannot exceed 10 years and must not be less
than year. The entence of the Court is, that
you be confined in the Pen itentiary and kept
at hard labor for the term of years and that
you pay the costs of prosecution.
HENRY YAUs, stand up. The Grand Jury
have Indicted YOU for murder in the End degree,
on the trial the Jury were authorized to find a
verdict of either murder in the End degree or
manslaushter, the cause was tried to Jury,
after full, fair hearing of the case, they re-
turned into Court verdict OF guilty of man
slauuhter. 1t is the duty of the Court to fix the
punishment, you may now say anything why
sentence sheuld not be prom ounced against
you.
The prisoner said in effect that he did
not intend to kill or hurt the deceased,
and related the circumstances under
which the shooting was done. The
Court then said, manslaughter is thus
defined by the Statute:
"If any person shall unlawfully kill another
without malice, either upon a sudden quarrel,
or unintentionally while the slayer is ia the
commission of some unlawful act, every such
person shall be deemed guilty of manslaughter
and upon conviction thereof, shall be impris-
oned in the Penitentiary and kept at hard la
Dor not more than 10 years nor less than year.
I apprehend that the Jury found that you did
kill this person unintentionally, result per-
hapS of the careless use of fire arms in an un-
| lawful manner. While it is true that q person
most undoubtedly has the right to protect him
self and family, the carlessness of the manner
in which you exercised this right of protection
has resulted in your conviction, the sentence
of the Court is that You be confined in the Peni-
| tentiary of the State of Ohio, and kept at hard
labor for the term of year, and that you pay
the costs of this prosecu ton.
SYLVESTER MAYHUGH. Upon the Indict-
ment on which you was tried, Jury of the
County have found you guilty of an assault
with intent to kill, have you anything to say
why sentence shall not be rendered upon tho
verdlcts
ask Tor the mercy OF the Court.
In consideration Of your youth, and in the
hope that you may reform, at the same time
considering the circumstances surrounding
your case at the time the pistol was fred taking
these matters all together the sentence of the
Court is that you be confined in the Peniten-
tiary of the State of Ohio, and kept at hard Ia
Dor for year and that you pay the costs of this
prosecution.
JOHN McMAHAN, you was indicted by the
Grand Jury for grand larceny, the Jury have
found the value of the property stolen to be $50
that reduces II to petitlarceny. The punish
ment for that offence is fine and imprisonment
in the County Jail. In consideration of the
fact that you have been in jail considerable
length of time, and some other circums tances,
the sentence of the Court is that you be fined
s5O-pay the costs of this prosecution, and make
restitution of double the value of the property
taken. II not paid, you will remember at
tn prosecuting Attorney has the right at any
time to arrest and imprison you in the Jail Of
the County.