Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-10-16
THE JANIS HOMICIDE.
sE-sTE.N'CE OF H0RETxO BOLSTER.
Two Years i'm the AIbany Penfteutiary

WITW-
draw the motion in arrest of judgment in the
case OF HOratiO Bolster, convicted of man.
slaughter in killing Jose ph alias sonny James
In Dec mber last. The motion was entered as
Overruled.
The COurt-Have you anything to say. Mr.
Bolster, why the Court should not proceed to
pass sentence?
The prisODer.-"No, your honor. I have to
thank you for your kindness during the trial.
and hope you will be as lenient as possible and
II II 4 iEe 70 regain my freedom, promise 1 will
Judge Humphreys then read the following
sentence:
. shall take occasion, in exercising the dlscre-
tlon vested by law in me, in fixing the term OF
Imprisonment, to make some observations which
occur to my mind as being pertinent 10 the Oc-
oaSfon.
The act of the Congress of the United States
attaches and annexes and defines the punish
ment of a conviction Of manslaughter to be i'm
ITisonment. with labor, in the pententiary for a
period of not less IL an two nor more than eight
years, for the first offence; for the second con-
yietion not less than six nor more than fifteen
years
The jury, by their verdict, have determined
that you acted unlawfully-though without
maliCe-ln shooting jos. James at the time Won
did. They have also determined by their verdict
that You mad tome cause TO co the deed, though
rot sufficient to excuse you TO the extent TO au-
thorize them to declare you not guilty.
There were two facts proved ON the trial just
ending IN conviction of manslaughtcr that i'm
pressed me, and which i trust viii recommend
you to the favorable consideration of the author
ltles at Albany: The one was your ready subms-
SION to the officers who arrested YOU: the other
your own adjustment of the chains which were
put upon your ankles. The evidence of the Off
Ger VINO arrested you, and to whom you yielded
ready submission, was that after you had been
handcufed some one struck at, and, he thought,
hit you in the face.
The evidence on the trial was that on two oc-
casiOns, at two separate rencounters, YOU had
been set upon, and ia the first assault made upon
you, you were held by one man while the other
dealt you in the face six or seven severe blows,
medical men, bruised your face. mashed
your nose, and dshgured your appear
ance to such extent that your acqnains-
ances could scarcely have recognized YOU
This was severe treatment, too severe to be
quietly submitted to, and so the jury have de-
termined, and you shall have the benefit of that
evidence in the term of Imprisonment. But the
jury determined on the point submitted on the
evidence, that at the time you shot-beng some
hali hour or more from the time of the first
beating, that there was not danger to your life
nor body; nor was there reasonable prOund for
you to apprehend such, and that therefore YOU
could not be excusable to the extent of not
guilty.
i am induced to think that this determination
OF the jury-On the evidence as given then-was
correct. Though il is not to be denied that there
are some hard things about your case to be
The old English common law was and now is.
that If one person pulls the nose of another and
the one whose nose is pulled strikes of a.sudden
and Kills, this is but manslaughter. This is an
indignant prOvocation which our Saxon ances-
tors did not require to be submitted TO or expect
10 De borne with patience. The law, trough
dld not limit the killing to manslaughter il there
was time intervening between the indignity and
the staying for the sudden emotion to pass
away, and this time was limited II the then en-
gage ment. If the killing was deferred beyond
that time, the killing would be murder
In your instance there as, by the asssiIants-
one holding, the other pounding-slaps, ticks,
KNOCKS In the face, on the nose, cheek, amount
ing TO /" MASKING" of the face ard bruisjnp
your person - a brutal extent. 1t was a half or
three-fourths OF an hour after this before YOU
met your adversary with anything by which Won
could infict death. Right at this point the law
demanded that you should retire and appeal - il
for redress. And it is better to follow the man
oates OF the law. The evidence does disclose the
fact that you applied TO police officer to arrest
deceased. This was law abiding. The officer
declined to doso. Right here is the hard part of
your case; 1t was hard TO submit to that beating.
bu, sun the law would have given you warrant
under which an officer would have been bound
TO arrest The evidence did not show satisfacto-
THY 70 what extent you were stricken in the
second engagement, but it did show that Won
assailant. 'Oui
The third and fatal rencounter is left some
what shrouded by the evidence and perhans we
are never to know what witness TO give the most
faith to. The rules OF law demanded of the Jury
10 give credit to the testimony that bore YOU
cover; SlttIng here andscanning that evidence
But 1t was the peculiar province of the iury to
determine this point in the evidence as of ALI
olher questions of evidences, and they were in
s,ructed to give you the benefit of all reasonable
doubt, and they said by this verdict that at fine
time you shot there was not reasonable ground
ior You to apprehend danger to life OF body, but
they gave you the benefit of proyOcation
do not think that YOU entertained malice ~
ward the deceased, hut IL would have been more
IN accord with the requirements of the law had
All 20 MS pace, but have had him arrested the
next day. 'A10
But the jury did not and could not overlook
lne prOVoci uon gwen you-the unprovok ID and
wanton assault and violent ba.sery by the two
men, Greene and the deceased-neiiher can / in
determining the imprisonment
ne members OF this court are here to declare
Nnat the law Is, not to make the law. am sat
sned WITH the law as il IS. am better satisfied
when the law is too plain to be mistaken.
The law Is that upon conviction for manslaugb-
ter the term OF imprisonment in a peritentiarv
shall be not less than two nor more than eight.
years. II sentence you to eight wears my act
would be within the strict letter Of the law: if
;,s; M, te Term TO be two years, my act is
WITHIN The strict letter of the law
can't think that man who would subnit To
Two eatterys-when he had given no provoca-
non ior them-is man TO disturb the public or
shown that this was done for the purnosa Of
having an excuse 70 kill-but the evidence. even
OF the government, negatiyed any such idea or
presumptiOn-andt the verdict of ainrv-saiec+ad
under all the imposing solemnities of the law
men having deep interest in the peace of the
government anu the safety of society-deter-
mined these facts.
You will be confined to labor in the peniten-
nary at Albany, in the State of New York, for
two years from this date-that being the place
designated by the Secretary of the Interior
pnder tire provisions Of the act OF Congress, for
the cont>sment of persons convicted for Of
fences punishable by impris onment in a peni-
Tertiary.
You have had a hard contest and a close race
for your life, and your antagonist lost his This
should be warning TO all others in this commu-
nifty neither 10 begin nor TO continue a quarrel
The judgment and sentence which 1 render is
according to the laws of men, and human tri-
bunals Beyond these municipal rules dare
You, as well as /, have another Judge to appear
before. His commandment has been of long
standing. "ThOu shall not kill" The man
who takes his brothers life, even in self-defence
Is to be pitied and cOmmisserated. He who pro-
yokes his fellow to Stay him is to be judged by
One wiser than men.
III the people of this community would listen
10 the kind admonition of those whose duty IL is
10 preside over trials for crimes we will ali urge
10 cease the bitter words that provoke to anger
and the blows that will be returned thou Oh life
may be taken. There is more moral courage in
it, ~
The prisoner listened attentively to the re-
marks of the Judge, and appeared to be highly
pleased at getting of with such light SENTENCED
His mother, with Miss Stoddart and Mrs Bar
rett, sat near him in the courtroom and after
I..I-.