Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-03-26
THE MURDER CASE.
A Verdict of Involuntary Manslaughter
Rendered by the Jury.

upon trial for the murder of her husband,
continued out all of Thursday night and yes
terday. At haIf-past o'clock last evening
they came into the Courtroom and stated
they were unable to agree. They then stood
seven for acquittal and five for manslaughter.
The Judge stated to them that it was desira-
BILE that they sheuld agree upon verdict if
possible. One of the jurors thought that
| further instructions from the Court as to
whether a person could be insane at one mo-
ment and sane the next might help the jury
| IN coming to an agreement. The Judge
1 stated that that was a question of fact and
not of law, and hence they would have to
determine any question of insanity in this
case among themselves. He repeated his in
sttuctions as to the legal effect of insanity in
connection with acts Of violence, after which
| the jury again retired, under direction OF the
| Court, for further elaboration. About ff-
teen minutes afterwards they again returned
to the Courtroom with
A VERDICT OF INVOLUNTARY MANsLAUGHTER.
The defendant showed no signs OF emotion or
| change of expression when the verdict was
read. The Court asked the counsel for de-
| PENDANT, Mr.. White, if ne desired to make
any suggestions as TO time OF pronouncing
l SbuttUE6. du0 one WEEK from ISAS AIO4tuh1
| April 4th-was named, whereupon that time
was appointed for that purpose. Mr.. White,
upon the rendition of the verdict, stated to
the Court that he was not certain that such
verdict could be rendered, but was informed
in reply that any objections to it could be
raised upon motion. The prisoner was then
remanded to jail to await sentence.
The section of the Code under which the
verdict is rendered reads as follows Man
| L -. I. -r.,I g
being without malice, and is of two kinds
First-Vo Voluntary, upon sudden quarrel or
heat of passion. Second-Involuntary, in
the commission of an unlawful act not
amounting to felony; or In the commission of
d lawful act which might produce death in
an unlawful manner or without due caution
and circumspection." The statute makes
THE PENALTY FOR MANsLAUGHrER
Confinement in the State Prison for any term
not to exceed ten years.
From the fact that it was understood
throughout the day yesterday that the ma
jority OF the jury were in favor of verdict
Of mot guilty." the opinion was general
about the Court-house that such a YER
diet would be rendered, and that the plea of
insanity would be successful. It is evident
that Judge benson has no relish for notoriety
for allowing the escape of murderers upon
the popular defense of insanity and is Of
opinion that persons who are proved to be so
far insane as TO be excusable for murder are
too insane for public safety to be allowed
their liberty. 1t is known that he yesterday
prepared papers for the arrest of Mrs. Ham
ilton upon the ground of insanity, and with
a view of sending her to the Insane Asylum,
should the jury bring in verdict of mot
guilty, as insanity would be the only ground
upon which such verdict could be rendered.
For A DECREE OF AIARRIAGE.-A COM
plant has been fled in the Superior Court
by Mrs. Julia A. Landes fFinnl against
George E. Landes to obtain decree of the
legality of the marriage between them. The
complaint sets forth that the defendant and
plaintiff are husband and wife; that they
we're married in the county of Sacramento,
State Of California, on or about the - day
of October, 1879 and that said marriage was
followed by mutual assumption by them Of
marital rights and obligations that no writ
ten declaration of said marriage has been
made or recorded, and said defendant, though
often requested by plaintiff. refuses to join
with her in declaration of said marriage,
and denies the same, and also denies that
they are husband and wife. She therefore
prays that decree of the Court be rendered
declaring the validity of the marriage, and
that she be allowed from him the costs OF
the suit. d. E. Alexander and c. i. White
are attorneys for the plaintiff. They viii
ask for a decree to the above effect upon the
ground of the verdict in the bigamy case, and
probably presenting the record of that as the
only necessary proof in the present case.
BUBGLABY.-At 8 a. N. yesterday Superin-
tendent r. H. Pratt's residence, Tenth and
L streets, was burglarized, the thief entering
by cutting out a door panel through which he
reached to the lock. The rascal was heard
crawling in Mr. and Mrs. Pratt's room but
the noise was attributed to other causes by
Mr.. Pratt and disregarded But Mrs Pratt
remained awake and presently saw the
burglar near the bed and gave the alarm,
when the rascal fled, pursued by MIR. Pratt
but who did not succeed in capturing him.
Chief Karcher thinks the "j0b" was the
work of one of the regular or professional
burglar class and that the fellow was small
man, or at least had a small arm and hand to
enable him TO reach through the narrow cut
in the panel. The burglar got away with
pocketbook containing railroad passes and
other papers and some small change.
BOARD OF SUPERvIsoRs.-The Board of
Supervisors held its last meeting for the ses-
sion yesterday. The bond of Albert Halen,
as Overseer of Road District No. 10, was ap.
proved. II. L. Martin, j. II. Durham and
S. 2. Boyd were appointed as viewers to lay
out road in District No. 6. The annual re-
port of the American River Bridge Company
was filed. The matter of fixing the rates of
toll was deferred until the bond should be
filed. Architect W. ii. Hamilton reported
that the amount now due on the second pay
ment on the contract for erecting the Hall of
| Records was 81, 454. Upon motion the sum
of 81, 000, appropriated to aid in closing the
Fern break, was placed in the hands of Su-
pervisor Blair, to be paid over whenever the
break shall have been successfully closed.
The Board then adjourned.
BURNS SLOUGH CANAL.-At the special
meeting of the Board of City Trustees yes
terday the following order was passed:
''That so much of the east side of Thirty
first street of the city of Sacramento as may
| be necessary shall be used Tor the purpose of
constructing drain from 3 TO street and
also so much of Y street, on the south side
thereon, lies between the east side of
/ Thirty first street to the west side of Six
teenth street of said city, for the same pur-
pose. 1t is also ordered that the City Sur
! veyor proceed to make the necessary surveys
and submit plans for carrying into effect the
| above order.
METROPOLITAN THEArER.-Mr. Sullivan
has wisely adopted the advice given him in
these columns, and has reduced the price of
admission to his entertainment to so and 25
cents, reserved seats 70 cents. This is well.
| The Mirror of Ireland will be shown at
/ the matinee and tonight for the last times
/ Mr.. and Mrs. Sullivan, Miss Parker, the
lady banjoist, and AIr. White viii appear in
their specialties at each performance, and
three at least of these are very good, and the
panorama and the mechanical effects, with
these, make up an entertaining exhibition
| that is chaste, instructive and amusing.
FRUIT REcEvED.-From. D. DeBernardi
& Co. this Office has received sample boxes of
strawberries of very excellent quality. F.
W. Fratt has left at this Office samples of the
9-,,;4 ,,-L;ob ,,-r, tho r,rizas of tbn laAa I &c