Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1879-11-09
PARKINSON'S SENTENCE
Review of the Legal Points by the
Court and Remarks to the Accused.
MOTION FOR NEW TRIAL AND STAY
OF SENTENCE OVERRULED-THE
FINE FIXED AT FIVE HUN
DRIED DOLLARS AND
COSTS - AN AP.
PEAL TAKEN.
PEAL TAKEN.

with illegal voting and fraudulent registration
yesterday morning. This was the time ixet
for the sentence of the accused, he having
been previously convicted of both offences by
jury. General Clark, the attorney for the
defendant, moved for a stay of proceedings
and an arrest of judgment. The principle
points raised were that the court erred III
charging the jury that there was no legal
proof OF his naturalization before the court
that the ruling in casting the burden of proof
upon the defense was unwarrauted that the
complaint had made no sufficient allegation of
the ofense. The defense also held that from
the fact that the prosecution failed to prove
that the accused voted for a member of Con
gress in 1876, the United States Circuit Court
was without any jurisdiction in the matter
These points were argued by Gen. Clark and
Jonas Seely for the defense, and United States
District Attorney Varian for the prosecution,
until o'clock in the evening" The court
then reserved its decision until o'clock.
TEE RULING OF THE COURT.
On opening the session in the evening the
Court remarked that, it had not taken the
pains to review all the points raised by the
defense from the fact that they had been suf
hciently argued and disposed of during the
trial On all points in which the Court was
in doubt, as much care as the time would per-
nit had been occupied. The Court held that
the prosecution after making negative state
ment, the support of the allegation by any
shadow of testimony was legally held to cast
the burden of proof upon the defendant. The
defense in all such cases as the present one
must prove that it had been registered and |
was legally entitled to vote in the United |
States. 1t would be absurd to hold anything |
such proof. The motion for new trial was |
therefore denied On motion for an arrest Of |
Judgment the Court held that it had strictly |
ollowed the law in refusing to admit the tes
IS the law Is explicit in requiring certified
opy of a registration as the only proof al
owed to show naturalization. As far as the
Jurisdiction of the Court was concerned the
aw had made special provision forsuchcs
t also held that any illegal vote deposited
N day of election in which q member of
congress may be elected is sufficient to CON
titute an otfense against the United States
Government. The record of the poll book
bowed that the defendant had cast a vote on
ach day. fThe motion for arrest of judy
1ent was overruled.
THE SENTENCES
The defendant was then ordered to stand
p and receive his sentence. Mr.. Parkius IN
ere rose to his feet aud stood leaning back |
pom his cane. The court then addressed
i'm: You have been charged with two oienses,
Use registration aud Illegal voting. You
ave been granted every indulgence by this L
'urt, and you have had ample time to pre- t
Ire your defense. You have been convicted h
4 jury which you accepted to try the case ;
ave you any hing to say why sentence should
1t be passed. t.
Mr.. PArkinson-I have much to say, but
mt propose to say 1t.
The Court-fou can sit down if you like. Il
Mr. Parkinson-I am able to stand, sir. 81
The Court-There is disposition in this
untry to lightly treat offenses against the b
sctive franchise Such otfenses sap the very q
lndation of government, and the public SEN
nent which heeds them lightly could not be RI
} severely condemned. have no sympathy CT
tn those who impunged the motives of the kl
0secuting attorney. He has done his whole tt
ty as required by law. Mr.. Parkinson
re sprang up and remarked, Judge, for Oh
ID sake spare me and sentence HE don't
ture me this way, but sentence me at once" tn
re the defendant walked up and down the dl
I'm terribly agitated for several minutes, m
,ducing quite sensation in the court The
lrt told him to be seated, and his counsel,
II. Clark, endeavored to calm him The tn
Irt continued If you had been allowed pr
go on the stand to prove your registration
1856, you would have been confronted by
If admission of naturalization in 1851 su
ere could have been no naturalization in
i AS there were no courts in existence in Cal
mia at that time. | have no hesitation in
ing that believe you guilty. You are a
n of intelligence, and your violation trl
the law was deliberate and inexcusable. ca