The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1870-02-19
rriAl and Sentence Of Two Cinnamon for Murder
in Humboldt County.
UNoSr1ILE, Feb. 18th, 1870.

UNoSvIILE, Feb. 18th, 1870.
EDrroRs ISpxPESpEST: The event Of the
week at this place has been the trial. convic-
ton, and sentence Of two Cinnamon 10 be hung
on the eighth day of April next for killing a
fellow -countryraan. The trial commenced on
Tuesday and lasted until Thursday morning,
when the jury, after being out all night,
brought in a verdict of murder in the first de-
gree. The trial was ably conducted on both
sides, Leonard and Bonnifeld being employed
for the defense. and Harris and Buckner for
the prosecution.
The Evidence
was principally Chinese, and its introduction
was therefore necessarily tedious, and it was
very conflicting. Not Chinese witness came
upon the stand but who was datly S0la Idicted
and shown to have sworn falsely by the other
side, and had il not been for the corroberating
testimony of white men, and of circumstances
pointing Enthusiastically to the accused, no YER
dict of guilty could have been found. As soon
as the verdict was rendered. counsel for de-
PENDANTS moved for a new trial and earnestly
urged their motion, based on the affidavit of
two jurors, that the jury, while viewing the
place of the murder. in charge of the Sheriff,
had received improper statements, not given
in evidence, from the GhhiiTiSisssss: =ES @as ar
Dointed by the Court to accompany them TO
the place of murder. The motion, however,
was overruled by the Court, and Saturday the
18th of Feb. fixed for pronouncing Judgment
on the prisoners.
Crowded Court Room.
At the time appointed for sentence and
judgment, the Courtroom WAS filled with earn
est and curious listeners, as this was the first
sentence In case of capital punishment that
had ever occurred in this county. Since the
verdict of the jury was made known to the
prisoners, they have been deeply affected, and
at times break out into wild lamentations that
can be heard at long distance from their
place of confinement. and when brought into
court to receive sentence, showed marked
signs of profound detection, and while SEN
tence was being pronounced upon them their
features fairly quivered with convulsing emo
tons. The following is
The Sentence and Judgment
of the Court: "Ah ing and All Fung, you
were both indicted at the present term of this
Court for the crime of murder in the first de-
gree, in killing John King, fellow country
man, on the night of November seventeenth,
1869 within the jurisdiction OF this Court, to
which indictment you entered a plea Of not
guilty.
In due course of legal proceedings you were
put upon yOur trial for the offense charged
against you in the indictment, before a jury
of good and lawful citizens of the county Of
your own selection; you have been ably and
own choice, and the trial has resulted in n
verdict being found against you of guilty of
murder in the first degree, the penalty Of
which, by the laws of the land is death; and
| this day having been appointed as the time for
pronouncing judgment against you on the ver-
dict OF the jury, have you any legal cause to
show why judgment should not be pronounced.
The defendants Offering no legal objection,
nor showing any legal cause why judgment
should be arrested or stayed, the sentence and
| judgment of the Court will be pronounced
The facts established and proven against
| you in this trial, As shown by the verdict of
the jury, are briefly rs follows: Some time in
the early part Of November last, cause Of
| quarrel and i'll feeling arose between you and
| John King the deceased, on account Of his
| having obtained the place of employment
from which one Of you had been dismissed.
| That bad feeling seems TO have been increased
and intensified by the fact that one Of Won
| were owing money To John King, the payment
of which he demanded, but which yOu were
unable or unwilling to pay. These matters of
| difference were attended with threats on your
| part, that unless the deceased would quit his
J place of employment and desist from annoy
| ing yOu about the payment of money, you
would take his life and put him out of the
way. In pursuit Of this criminal and unlaw-
| full purpose you purchased two new revolyers.
and, on the night of November the seventeenth,
| 1869, near the town of Unionville, in this
| county, in a tent occupied by Chinese, you
proceeded TO the accomplishment of your dia-
bolical aims and wicked purposes, by seizing
| and binding the deceased with cords, and
then shooting him in the neck just below and
back of the ear, from which wound death i'm
mediately ensued. The time, place and cir
| cumstances attending the killing Of deceased.
| taken in connection with the threats previous
| ly made by you, show that the crime was COM
mitted in cold blood with deliberate intent and
malice aforethought, with unlawful design to
take the life of human being without just
| cause or proyocation, and for the commission
Of which the offender, when found guilty,
must suffer penalty of death.
| Ii is therefore ordered and adiudged
| and 1t is the sentence and judgment of the
Court, that you, All ing and All Fung, and
| each of you, be and nre hereby remanded to
the County Jail of Humboldt county, there
| to he kept in close confinement in the custody
of the Sheriff, until day fixed by warrant for
your execution, which day shall not be more
than sixty days from this date. ..
| And it is further ordered and adjudged, that
you, All ing and All Fung, and each Of YOU
on day to be appointed by warrant for that
| purpose, between sunrise and sunset of said
day, be taken by the Sheriff of Humboldt
county from the County Jail TO place Of ex-
ecution prepared for that purpose, and there
| hanged by the neck until you are dead, and
may God have mercy on your souls" -
|
THIRTY-sgvES Portuguese employed by Bird
sail 81 Co., at Dayton, have been notified of q
l &c.. 49, a..