The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1879-11-16
II. II. Parkinson sentenced.

sentence upon Richard x. Parkin-
| son, convicted in said Court of illegal
voting, the case was called, and counsel
for defense moved for arrest of judge.
mcnt, upon the ground that the Court
erred in charging the jury that there
was no legal proof of the defendants
Naturalization; that the ruling casting
the burden of the proof on the defense,
was unwarrautcd; that sufficient allega.
! tion OF the offrnsa had not been made.
and failing to prove that the defendant
had voted for Member OF Congress the
case did not come within the iurisdic-
! ton Of the United States Courts. The
motion was ovcrruled, the Court hold
ing that the prosecution after making a
negative statement, 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 i'll the
| United States. 1t would be absurd to
hold anything less. The defense had
failed to produce any such proof. The
motion for new trial was therefore de-
MEL. On motion for an arrest Of judg-
ment the Court held that it had strictly
followed the law in refusing to admit
| the testimony OF the accused us to his
registration, as the law is explicit in
requiring certified copy of registra.
tion as the only proof allowed TO show
rehabilitation. As far as the jurisdic.
ton of the Court was concerned the law
had made o special provision for such
cases. II also held that any illegal vote
deposited on a day of election in which
"A Member OF Congress may be elected is
sufficient 70 constitute an offense
! against the United States Government.
The Carson IRpsaL furnishes tho fol-
lowing details of the closing scene in
the Court:
! "Thc defendant was then ordered to
stand up and receive his sentence. Mr..
| Parkinson here rose to his feet and
stood lc c'nirg back upon his cane. The
Court then addressed him: You have
been charged with two ofrenscs, false
registration and illegal voting. You
have been granted every indulgence by
this Court, aud you have had ample
timo to prepare your defense. You
have been convicted by n jury which
You accepted to try tho case. Hayo
You anything 10 say why sentence
should not be passed.
Mr.. Parkinson-I have much to say,
but don't propose 10 snyit
The Court-You can sit down if you
like.
Mr.. Parkinson-I am able to stand,
sir.
The Court-Ihere is disposition in
this county to lightly treat oiIonsos
against the elective franchise. Such Of
fons, sap the very foundation of gov.
eminent, and tho public sentiment
which heeds them lightly could not be
too severely condemned. l have no
sympathy with those who impUngo
the motives OF the prosecuting attorney.
lie has done his whole duty as required
by law. Alr. Parkinson here sprang up
! and remarked, Judge, for God sake
spare me aud sentence me; don't lee
turo me this way, but sentence me at
once" Here tho defendant walked up
and down the room terribly agiiuted
for several minutes, producing quite n
sensation in Court. Tho Court told
him to be seated, and his counsel Gen.
! Clark, ondcayorcd to calm him. The
| Court continued: II you had been al.
| lowed to so on tho stand to prove your
registration in 1866, you would have
| been confronted 10y your admission of
naturalization in 1851. There could
| have bean no naturalization in 1851, rs
there were no Courts In existence in
California ht that timo. l have no hos
| itation in saying that l believe you
| guilty. You are man Of intelligence,
and your violation OF tho law was dclib.
| crate and incxcusnble. The fact that
you have gray hairs and family is
proper subject for Executive clemcncy
| TO take into consideration and 1 should
rightly leave II with the Governor in
case he should bo appealed to. admit,
however, that am unable to entirely
free myself from these influences,
shall therefore not sentence you TO i'm.
prisonment but shall fix your sentence
Mt $500 fino and the cost of Court. You
shall stand committed until such fine Is
paid. ....
Tho defendant then asked II ho must
go TO Jail at onco or give bonds. This
was loft with the Prosecuting Attorney.
who snid that bonds with two good sur
itios would bo accepted. General Clark
then guaranteed that 4 bond would bo
forthcoming immediately, and tho Court
adjourned. ...
Notice Of mn appeal was given"
| - -
q 4 TELyoRia was received NJ tho War
!