Daily Los Angeles herald., 1878-01-22

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marks Of Judge benson - Eight of tht
Jury Recommend tn, Prisoner tt
Mercy
The District Court was crowded
yesterday TO hear sentence passed
upon Waller.
Col. Eastman filed paper ask
ing for new trial. The prisoner
had been found guilty Of the light
est offence known under the indict-
ment. Eight of the jury had re-
quested the Court to give him the
lightest p, nalty under the law. Oh
the twelve men which composed
the jury, four had stood for convic-
ton for murder, seven for acquiital
and one for manslaughter. The
verdict was compromise one.
He dwelt upon the delicate health
of the prisoner, and the confine.
ment he had already endured as O
ground for leniency.
Col. Godfrey, one of the counsel
for the prosecution, then addressed
the Court, stating that lie had
found the following note upon his
desk this morning.:
M!Dear Colonel. The sentence oil
Waller is fixed for 10 O'clock Mon.
day morning. 1 am called away by
business TO San Francisco. Please
be in attendance to represent the
prosecution. HUDSON"
81 am here" said Col. Godfrey,
according to the request of the
District Attorney, and, while here,
L feel like offering q few words OF
personal explanation. l was re-
tanned in this case as associate
counsel for prosecution by Mr..
Fonck, brother of the murdered
man. During the whole of this
trial 1 have sat here almost as a
silent witness of it. 1 have OBJ
served, in this trial, one of the alb
lest defences which has ever been
made in behalf of criminal in
this Court; at the Same time, L feel
impelled to say that the prosecu-
ton has been one of the weakest in
all of my experience"
Col. Godfrey then proceeded to
review the points in the case but
was interrupted by Col. Eastman
who objected to such a procedure as
unusual and unprecedented. The
defense had right, by law, to ask
for clemency, but the prosecution
could not re-argue the case in an
appeal for rigor.
Judge benson allowed Col. God.
frey to proceed, stating that he
placed sufficient confidence in the
gentleman's knowledge of law to
believe that he would not overstep
the boundaries of legal custom,
Col. Godfrey then proceeded in
his remarks, but as lie began TO
walk into the merits of the case,
the Judge declared him out Of or
der and thus put stop to further
discussion.
Judge benson then said: "In Or
der that my words may not be i'm
properly understood or construed,
l have written down few of the
considerations which influence my
decision in this matter" The
Judge then proceeded to read from
q manuscript the following:
1.-THE jury in this case having rem
dered verdict of guilty of invol-
untary manslaughter, as the result
of a careful consideration of oil the
facts of the case, by a remarkably
intelligent and conscientious panel
of twelve good and lawful men
selected from the taxpayers of the
county, it now becomes my UNI
pleasant duty, as the presiding
officer in this court, to pronounce
the sentence of the law.
"Penal laws are enacted and en-
forced for the double purpose of
furnishing the offender and warn
ing others against the commission
of crime. Justice is ever tempered
with mercy-not that the offender
shall meet less than merited pun
ishment-but that the unfortunate
subject of the strong censure of the
law shall receive only that degree
of establishment that will, in view
of the circumstances of each par
ticular case, satisfy the offended
dignity Of the law, and will most
strongly tend to educate those citi-
Gems who have not offended, to pay
that respect to the edicts of the
sovereign people which will pro-
mote peace and happiness. rhe
law Is never revengeful in the in
Fiction of penalties, but seeks to
command respect and enforce its
precepts rather by the certainty
with which punishment follows
crime, than by the severity of its
penalties. Time was when the
slayer Of human being was turned
over to the merciless revenge of the
friends and relatives of him who
was slain, but the wise and hu.
name theory of modern law places
courts and juries as the impartial
and unbiased arbiters between the
accusers and the accused, and as
uuhesitatingly gives weight to cir
cumstances in mitigation Of pun
ishment as it demands that justice
be dealt out to offenders.
"The circumstance of this case
are peculiarly painful. The de-
ceased was cut off in the meridian
of manhood, and a poor, disconso.
late widow and six orphan children
mourn the lrreparable loss of
husband and father. Upon the
other hand, there stands at the bar
"a man whose disgrace and punish
ment fall not only upon him, but
upon q faithful wife and loving
children-a man who, up to the
moment of the distressing casual
ty, into the facts of which the jury
have carefully enquired, bore an
untarnished reputation, and who
was able to establish before the
jury a character for peace, quletude
and general integrity of which any
citizen might we'll be vain. 1t is
evident that he is not of the GRIM
inal class, and doubtless the pun
ish nant already inflicted INN him