Daily Los Angeles herald., 1878-01-22

Court with q wide discretion In tx
ing the term of imprisonment re-
stricting the term to not more than
ten years-and the exercise of this
discretion is one of the most deli
cate and embarrassing of judicial
duties.
Eight of the jurors trying this
case have, since their verdict,
me n written request that
the defendant be given the
lowest term allowed by law. And
while do not feel bound by such
request, it is just and right that it
be politely received and duly con-
sidered.
"But these remarks are growing
tedious, and let it suffice to say in
conclusion that after mature DELHI
GRAFTON aud careful scrutiny of the
evidence and circumstances in the
case, 1 feel impelled by my con-
science and directed by my reason
and judgment to determine that In
this case the law not only justifies
but demands the infliction of light
sentence
The reading concluded, Judge
benson said he had something
more which he felt it his duty to
say. Some reflection had been
made upon the conduct Of the Dis
trict Attorney in the trial of this
case. The management of the
prosecution had mainly devolved
upon the District Attorney, as the
law directed, and so far az his 1.-THE
Judge's) observation went, he could
see nothing absolutely wrong in the
District Attorneys actions. He
spoke only from his own observa-
ton, and did not propose to
enter further into the ments
of the case Then TO the prisoner:
"The prisoner will please stand up.
The prisoner, G. M. Waller, having
been found guilty of the crime of
involuntary nanslaughter, after u
trial before u jury Of taxpayers of
Los Angeles county, it becomes in
cumbent upon this Court to pro-
uouncs sentence according to law.
He will therefore be confined in
the states Prison of the State of
California, at San Quentin, for the
term of one year, and he is re-
Danded to the custody of the
Sheriff for the purposes of such
confinement"
The prisoner, Waller, was very
visibly affected during the pro-
nouncement of his sentence. He
was pale and his hand, which rested
upon the table before him as a kind
of support, trembled perceptibly.
With the relapse of his feelings
after the procurement of sent
ence his eyes were filed with tears,
but he quickly dried them and
then appeared calmer than before.
Walters counsel asked for o stay
of twenty. five days during the
pending of an appeal, which was
granted by the Court.
The following is the document
submitted by portion of the jury
as referred to in the proceedings:
In the District Court OF the Seventeenth
Judicial Dis trict, of the State of Califor-
mia, in and for the county of Los An
geles.
The People Of the State of CalDor-
mia, plaintiF. against c. NJ. Val.
Ter, defendant.
HON. S. E. benson, presiding
Judge: undersigned respect
fully represent to the Court, that
they were jurors impanneled in and
acting in the trial of the above en-
titled cause, rendering their ver-
dict of involuntary manslaughter
Jan. 18th, 1878; that our assent to
such verdict was based upon the
negligence of the defendant, as
proven. That we did not believe
that the defendant acted with
criminal intent. We, therefore,
respectfully ask that the Court will
inflict upon the defendant the
lightest penalty within it's dis
erection.
d. E. MILES,
G. G. LINNINGToN,
J. H. MoEssEN,
CHARLES FRIENDSHIP,
l.. w. KIRBY,
his
JOHN NJ. X BARTH,
mark.
ROB'T. CUMMINGS,
A. GUY SMITH.