, 1876-01-19
TWEMfT-QNE YEARS,

il Hot tiuow. bit It Is moro tliats Hkrlf that he
Will mako Ills appearance hcto Apout that tune.
TWEMTr-CNE YEARS.
HENRY nAvla PLEADS Huihrr AND - SENTENCED.
Since tho Disagreement of tho Jury u tho case
Of Henry Davis. charged will tho nurdor Of c.
H. Whyland On tho afternoon Of Nov. gj. tho
rublio havo been anticipating tho result Of
E,cond sria! with no inconsNieIabfeintorest Tho
crulo was regarded at tho tlma Of its sommis~
e:on and Hincn us Quo of tho most nncallel-for
and brutal houlici1cs Which tho cslu!na! uunals
Of Cook County record, and vhcu tho fact that
tho Jury had failed to agreo waB announced uu-
bounded surprise waA Expressed by thicagoans
TINT case 80 clearly proven should not havo
bcen disposed Of boyoud auy cllauce Of re-
henring.
Since tho conclusion Of the trial tho S!ate's
Attorney hAs sonn TT To accept OF plea OK guilty
OF tnamalaughscr, and yesterday morning thlB
plea Nas made iu open Court, aud the accused
sentenced tn tNcnt, -pno ysara' cJntinement Il,
tho ronltet,tinry at Joliet.
Judge Rogers, before whom tue case had baon
tried, catno into Court early in TIN mo -n.1g.
anil Davis, who appeared iii e1cetleut health,
wns brought up frosn the ial!.
sail that ho and Col. Van Arman had cons'dorol
the matter, aud lad agreed 10 agtea with Tho
counsel for tho se1oHe IN permitting tho
prisoner to Withdraw Lis plea mud cnsor another.
La lad lad Q latr Trial, antt tho jury Lad aig-
agreed, and II whs not perhaps probable that
another Jury would Iayo different experience.
While he had tlls ralne regard for the cnorn,fty
OF tho crme which h0 had o. first lie way still
willing to pertnit the cllnngu Of tho plea, and
that The prisoner should place himself at the
ds:zosion Ut thu Court.
MI. VAN AnsIAa
sail that he still believed Davis crime to be
mErItr. but lie vas wiling to agree to TINT
which was tho result Of q conference betweou
htsasolf, Mr. neod, aud tlis counsel for tho de-
fellno. Ilp did not agree 10 tllla 10 savo tha
trouhla OF u now tlial. for that ho did uot tako
into CONSIDER ation. hut Le agrcod iu defcr-
ence to that grca. char ty OF tho law which lu-
dulges everybody. Under tbs r;oa OF man
slaughter tic Court had full pnwer to punish
hin IN long ~ it saw tit, and ho tl:ourht that,
a. whole, 1t was rcrhaps bctt 10 !saya 1t to the
Courts disposition.
was. Of course, eratliea that such conclusion
hal hcau reached mud pioascd that tho mastor
sh 1uld he so arranged. III ilxiug tho reatonco,
10 hoped tho Court would consider tho
s is'es eps uss e. e lad fasS Seon srea e' up pu 5y
tho press. the presa Wh;cl, wRs 50 potent
in its influence OH public opinion, and
Which had created 80 much projudico asnnst hls
eliant. lie had seen wofso cRscs tlnn that uf
Dhyls' acquitted. Az to n NON trial. 10 would
remind lie Court that 1t must 10 drawn from the
samo elements as had ths previous ope, aud
there VAS 2, ohabllity that tho ,osult would be
tho bamu. Tho Court would, l.e hopeti, bear In
mind Tho ntaHding OF the jury in Its final con.
si.iotntion Of tho caBa, which, lle understood
was, throo for acluittxl, four for marslaugltor,
and five for 1nEIler. iio uould also Suggest
that unless thurs Aasl been u wonderful sIgLt ot
perjury 1t must bo Rsrecd that tho prisoner had
committed tho crirno Nnknowngly. Col. Van
Arman did not uuderatand 1t 3Ir. O'Drien's wuy.
Ha believed, OH tho contrary, that lhcrc VIA
not ono Of tile juEy!ncn for aequitta!. Mr..
y llrien rotfed that ho knew whereof ho spoke,
Which brought FROM the Colonel the rOply that
hn did not tAluls my ono knuw how that jury
stood. II link ani lit posltion to knox,
and that Ia tic result Of my beIcf, reJoinod afr.
ODslen. ntlll Col Van Ar1nan assurteI tint he
thought tho othor didn't know.
TIIE SENTENCE.
Davis was then AsGed to htand up, which lle
did ia frons Of tho bencl, and 1uage nosera
ea!d:
"hir. navlp. am informed TINT you desire to
llend gully to nausiauEhtor. Arc you awaEo Ut
what tic cuus usolt1cnc0s niuy bo :"
Dayg-l beIIeyo AlH.
Tho ,Iudge-Unt!er tl,iB plea II will be the duty
of tho Court tu send YOU 10 the Fonitentnry for
torn not leas than ONO yoar, and It many o1toEi
wish 10 plead guilty
Dawn -3Ga, hir, 10.
Jutlgo-I llRtcneI tn Mi tho eyldonco Ia this
impouAnt case attcnslvciy, A,Ni n!ho to tito vrry
AOtH %tNl@IAHA%o u tlE tuAAfSlr HHku LUIS
lrosccltion AMI slu dofsBn. Havn to ati tl,6Ho
tIuo consideration. ho|feyo4l tho defendant
guilty .uf murder, and 1 hoped, botl,
lor isis suke, AMI .for sbe IN.
nsrco III Of, yosdirs of somo kind. I;ut they
did not. l !elt, hnwcyeE that Il Nas mol case
Mhuln capitll psinisl,nien. would 10 luatinlIn; !;
a! lMd Tho jury 1oMlnreI VI r'tcs for TIN lsasn
rcaally | should t.. 4sse peon satisfied. On
tho other hand, lla:l tlloy fs.ticd lin sui..y Ut
MURDER nnd fixed Ills pllnisnrnt 1t long FERN,
at imprisonment, tho Court would haye neul
Batihieu.
In ths case tako lnto consideration sne fact
TINT the defendant was iul01icAtbu; tuat l,o lad
long sA1cfcsl trs,n. rHa!aly which,, whntAcr cpl
lei W 1r no, |lh,l undoubtedly ulrectcd Ills mind
and rendered Aiu, Iiabl, tn Its. 1t Bcena, too,
T. thc rris"nern testimony is to bo believed,
tat for nulnu llIuo ptovinlis to tlIo homicide ho
llAi refused 70 snhc nylllaH lntol icatiuK, unti!
finally. IN entering thn f. Elau restaurant, Au
WIS invited by WAyiahd hi,lsaIf to throw flco
for tue drlnEB, Nflyl.hs!. meanwhile, caliIu;
!Ils attention t. tha bt-!Itfrl lplIu .ra1ce OF tAu
dish VI cEE-lloE tetore tii"n. Unfortunate
II. the invitation HnA avtcl.rsI, and one drink
lniluwo.l auuti,sr tl!l DAs!b ftra,na completely
inloSlraie.t, l nlcntion tAfs nut 70 tu,.r.. ia
bhuw lAs fact Ut nltuslratioII. Tor that is really
not an c1cuno for crime, lut IL thow the rela.
tlun. that ex,stra vt Tho t'ue between tho NO
mctI. Al of thcse circumstances tako Into
combination. anl i slsall liz penulty which
thlnE MI: 10 lust A1pl proper under thu ci, cnui,
AtaHcGs. hnttlGt u tAtlatleh tAu publlt or not
IL n0 concern Ut mtnr. That Ii . Iutst,oi
which l!u Couft Ahoulu consider for InDsnunt
III trying OF tltis ao,t or Ut a!y otaer sort
Ihs only question II. what is tbs ps,dcncoin tlt
case. aud what aEo t!'o 'ulrs Of law applicable tt
tnGt enaot
White shall no. sentence tho p1souer to {
lifs i.nprit itonncnt, l think justice requires thu,
tho pQulshuieut saoula la fur no !gsa term tuxu
twe1tv.ons sesrs, aud such viii. b. tho gcutsnce
OF tho Court.
Tho prisoner sae then removed to the Jail.