The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-18
SENTENCE or A MURDERER.
John DfVlne, the San Francisco "Cs1cken,"
TO Be HING April 26.
HIS APPEAL TO THEHOouRT,

From the san Francisco Chroniv lie. March ~
The last act IN the Camp tragedy the passing OF
the extreme sentence OF the law on mis- convicted
fore the hour appointed Tor the passing of sentence
the corridors OF the City Hall We're thronged with
snpss man snS VINO %ss q 81! 70
plate his ofence on the gallo vs. Since he mad been
varied category OF human snme, and since lie was
as surely and rapidly appsf Iachilg the grave as II
an object Of public intcrr st, whose every movement,
glance and demeanor v.ere watched with absorbing
, a. ,ne y oSx on me rsy 81 sae 1yng
great that Judge Mckinstry sent word 10 the
entries cleared AZ once. The reluctant crowd was
forced away W the policemen, tile anxious gazers
were competed to luger about the entrance OF the
City Hail. and rne prisoner passed In, the Ooject OF
the unmercifo, gaze OF The throng and took his seat
IN Inc court room oy the side OF the Deputy Snern.
THE APPEARANCE OF THE PRISONER
Several un,es in the course Of the trial we remark
ed that. for man accused Of a foui murder, Devne
preservedsan extraordinary composure. Even when
the verolCt OF guilty returned ne gazed at the
twelve men VINO were sending him to the grave
est Hinca In the steadIast expression OF his cold.
cruel eye. But Yesterday ne seemed TO nave lost
gnastly pale-and his eye mad a shifting, uneasy
look. asn ne felt me bitter hour Of retnbution
handkerchief across his face, sometime meeting
the steady stare 0. the spectators behind the rails
w, Sn an assumed n, and again Locking e
his last plank were passing away fl ON HIM.
AT lew minutes alter II O'Clock the case was on.
said:-"h Your Honor please, ON the 18th day Of
February the defendant John Devine, was convicted
fixed BY Your Honor for the sentence. anu now
move Inc Court for the INDIGNANT OF the law upon
The Deputy Sheriff ordered the prisoner to stand
~, and Judge McKlnsiry, turning to hlm, said
crime OF murder, and pleaded not gully. Is that
sOr'
HIS Honor oontlnued:-"You were tried by jury
@ av an %ou an9 C @ IN e s
sentence should not be passed upon your'
The prisoner motoned to Mr.. Tyler, his counsel,
and then resumed his seat.
Mr.. Tyler sald:-"rhe defendant moves for a new
trial on the grounds vi objection 10 tine rulings Of
the Court; tnat the Court abused Its discretion to
permit the jury co visit the scene OF the alleged
murder; thai the Oourt erred in allowing Captain
Douglass to swear as TO what Devlne sad while the
prisoner under illegal restraint; that the Court
erred In ruling out Mrs. Murphys deposition before
before the Coroner merely that Devine said he mad
shot man the night before, and trial that
s VIEWS " ha' SA0' man Tue night before at Bay
The Court decided that the Jury had been care
iuily instructed on all the polats of evidence. He
was Oi the opinion that no error had been COM
united Ia regard TO the admission OF Mrs. Mnrphys
All ruMor or impressions Of his previous Character
had been set aside, and he was tried solely on the
merts OF the CASE Therefore the motion for o new
Ills Honor then turned to the prisoner and asked
the law should not be passed on him.
DEvINE's APPEAL
The prisoner rose and, again wiplng mis- face. be.
gan ~ u low tone, while hum OF expectation ran
through the court room. He said:-I have been
badly abused and falsely represented without cause
named Wilson, VINO asked me If l kept sailor
boarding house. l said no. He said ne had been
took him to Phillips boarding house on Pacific street.
and then gave MIN coat He told me he wanted
TO get some clothes he mad when lie was IN the
army. saw MIN again the same evening, and we
were seen together all over the CITY, mad some
call there again on Monday. do so between the
hours OF eleven and twelve. went from there to
saw Wilson o at aSe @
Sans0me street together. OGicers Devnn and supple
came 9p ans ans wa ss
Market street; then took the cars TO ride as far
Mission street put changed my mind and went
quainted. There jumped on one OF the Bay View
cars with the intention OF going out to the end Of
Tor all the way on that car. AT the depot we went
into a saloon together TO take a drink. The best
Fart Of the way out there was no one but q woman
IN the car. Two malt dollars slipped through hole
IN my pocket Into my boot and went into a saloon
to remove them, and waited for the next car to the
city. took That car and RODE into town. On the
corner OF Pacific and Davis streets met Kelly VINO
was witness on the stand. lie asked me TO loan
nlm dollar. l told him needed what mad, but
SAID II he wanted dollar badly he might
to do then started up Jackson street ana walked
round there till seven or eight O'Clock, when /
Sna anS to
influence Of liquor The Murphys requested me to
a. s M hs ana his wife
mad some words. Finally he pushed me out ana
IN, snut the door IN my lace AS he did 80 l changed
the pistol had IN my MP pocket to my coat but l
mad no intention OF using IL on MIN. then went to
Gleasons ana had some drinks there. told him
ply. II had done anythng against the law /
would not have remained round town In that way.
wnA lfa An rot ha ant Antw
wharf, and stepped aboard her. There odicer
Coulter arrested me. lie SAID the Chief wanted me.
70 20 aaS now no
with Coulter I'll we came to the ONCE Of Chief Of
keeper at the time. They did not know What charge
iaey had against me, In the prison L was asked
bad nothing i ent 'S oI pisto . gave rave IT, to
C9ter and ne laid it on the desk. few minutes
asked me If / knew TINS man. said no. no. Kampp
had handkerchief bound around his head. A few
men and placed me ameng them Kamp was led
put by one OF the officers. Douglass came TO Inc and
n.s nam e on my ans ,ns Tie ss sad 70 Ksm
e,iterward "That win do; lock them up" was
tod then that was accused OF shooting man, ami
because spoke In my own defence was put IN
strait-Jacket. 01cer Cohen put IN the dark cell
up 70 my ankles In wafer. whore remained all
4sa nv Innocence, but they would let me do 1t.
Nv was S,, then taken out to South San Francisco
w Went 1me &C. DOUGLASS and 0hicer Devnn They
I Snns'n, me up stairs and SAID to Mrs.
aDuaZinh do you know this man 9N
on Cne "a, answered, I'D know him again II were to
s0e a.a ne said:"He has had his hand cut Off
Al ulncuhy" We then saw the conductor of the |
CaI, ana neither ne nor the men IN the saloon had
I ~, seeh e before Mrs. Buzzlni and Mrs. Burns
nnu tne poy bnrils never me In their lives nlI
,noy saw me WIN Captain Douglass, All the tims !
was shot there ''' s'uo nAau
MY case was continued several times IN the Police
Court. Judge Sawyer told the oail,li to rendep mo
every assistance. but be did MOI 1T WAC anita
the reverse. wished to have the y,Ifnessas