Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-06-06

! Jones in the case.
| When Simon Ratea was asked il he had
anything to say why the sentence OF death
! should not be passed upon him, he arose and
addressed the Court. He spoke for about
| fifteen minutes. His speech was earnest, i'm
| FASHIONED, and at times really eloquent. lie
speaks very poor English, and is difficult to
understand. The following is about the sub
stance Of his remarks;
Eight days before the killing OF Lansing
| passed 50 piece over a bar on Filth street
! for scent glass OF beer The barkeerer
/ claimed that it was a 25-cent piece. and re-
turned me 20 cents 10 change. l tried to In
ducs him to give me the proper change.
When | could not prevail upon him to do SO
| l went to Judge Henry's room, near by, and
| asked that a warrant should be issued for the
man who thus robbed me of my hard-earned
money. Judge Henry refused TO give Inc
the warrant, and ordered me from his house.
| Ga the day bel IRE the homicide | was IN the
Helyelia Restaurant, on Fifth street, be
! tween and X. While there was assaulted
| by man by the name Of Erickson, who
pounded me up in most brutal manner
| The door was locked, so that l could not es
cape, and jumped through glass door into
the street. This fight was entirely IN
provoked on my part. After | was on
the sidewalk. Erickson followed me and
struck me blow in the face SO hard that | |
was felled to the ground. stunned. | then |
went to the police station aud asked Chief |
Karcher for warrant for the arrest of the |
man who had so brutally assaulted me. The |
Chief told me that he did not issue warrants, |
but that il l would call next morning could |
procure one. At 10 o'clock the next day |
went to the City Attorney and asked for
warrant. He requested me to go out into the |
back yard and wait awhile. l did SO. At |
about twenty minutes past IL l returned re-
newed my request and WAS ordered away. l |
then went to Judge Henry and asked him for
warrant, and he also refused to issue one. |
When l could get no redress in the Courts, |
me, l purchased q pistol, and made |
up my mind to defend myself. |
met Erickson in the afternoon. He drew
his pistol, but | got in my shot first. | did |
no. shoot again, but endeavored to escape
being shot myself. 1 ran around the corner
into Fourth street, thence into the alley, with
q bowling mob in pursuit, crying Shoot him
Hang him 'KLl him Mr.. Wilson had a
rope in his hand to hang me with. Just at
cepted me, and | thought nv life was in
danger. One of my eyes was completely
closed from the effects Of the beating given |
me the day before. | did not intend 20 kill
Lansing. l a ,urished my pistol in order to |
intimidate my pursuers. When l fired l did |
not intend to hit Lansing. Had l have re.
ceived justice from the City Attorney and |
Police Judge the homicide would never have |
occurred. | am Woodworking, honorable |
man, and good mechanic. Had | received |
the protection l had right to ask for at the |
Police Court, Lansing to-day would be alive |
and | would not be condemned criminal" |
Rsten spoke of his counsel, stated that he
had given him 5000 in money, and he did not |
know whether he had done his duty or not.
The Court assured Raten that his counsel, |
Mr.. Bruner, had done everything that could |
be done for his case. During the time that |
Raten was delivering his address, although |
the room was crowded almost to suffocstion,
it was SO quiet that the ticking of the clock
could be heard all through the room.
Judge benson, after r ten had finished,
spoke as follows This being the day here.
tofore designated and appointed by the order
of this Court for the pronouEcing and rem
dsring Of sentence and Judgment agairs. the
defendant, Simon Raten, upon the verdict
of the jury heretofore rendered herein, now,
on this day, comes the sail defendant to the
bar of the Court, in the custody of the Sheriff
and attended by Elwood Bruuer, his attorney
and counselor and comes also Henry l..
Buckley, the District Attorney of the coun-
ty, who prosecuted for the people, and moves
this Court to pronounce and render judgmeit
of death in accordance with the verdict Of
the jury; whsreupon the said defendant is
informed by the Court Of the Information
fled agaiust him by the District Attorney
ofJthis county, charging him with the crime
of murder in the killing of one James Lam
sing of his arraigument upon the said in
formation, and his plea thereto of not guilty
of his tri Al and convic ion by the verdict of
the jury of his own selection, by which he
was found guilty of murder in the first
degree aud Of the order of the Court fixing
this day as thu time of rer dering judgment
upon said verdict, and is asked by the Court
whether he has any legal cause to show why
judgment should not be pronounced the
CoDr. proceeds to render the judgment. 1t
is therefore considered by the Court here,
and it is ordered, adjudged and decreed, that
he, the said defendant Simon Rlten be pun
ished by the infliction of death, and that he
be hung by the neck until he is dead. And
it is further ordered AMI adjulgld that the
said Simon Raten be hencs remanded into the
custody of the Sheriff of Sacramento county,
California, and that ne be by said sShsriff
securely and safely kept in cloee confinement
until taken outiu execution of this judgment
And it is further ordered that O warrant Of
execution, in due form of law, be forthwith
issued upon this judgnsnt, signed by the
Judge of this Court, and attested by the
Clerk hereof, under his hand and the seal of
this Court, and placed in the hands of the
Sheriff of the county of Sacramento, COM
,nauding him, the said Sheriff, to execute the
Judgment in this case by hanging the said de.
PENDANT, Simon RateD, by the neck until he
is dead, on Wednesday, tie 26sh day of July,
1882, which day is hereby appointed as the
day for carrying the Judgment herein into
execution"
Hurtado, when asked if he had anything to
say why sentence should not be passed upon
him, replied in a clear tone of voice, " have
n IL
pronounce the sentence. similar to that pro.
nouuced on Rattan, saying that the prisoner
should bs hanged until he was dead on
Wednesday, July 26, 1882.
Both cases will be appealed to thu Supreme
Court. The cases will b. heard 10 that Court
and decided before the day set for execution.
Raten's statement yesterday was remark
able one, from the fact that he has up to that
time always stoutly denied the shooting A
great many who were present es'erday and
heard him, say that il hs had made the same
statement during his trial he never could
have been convicted Of murder Ia the first
degree. One of the men who was on the jury
that convicted him says that if Raten had
made that statement before the jury he never
would have been sentenced to be hang d. Mr..
Bruner, his attorney, says he is confident he
could have saved him from the gallows had
Raten informed him of those facts. For sew.
eral days past Hurtado has been very de-
spondent, and evidently has but little hope.
Yesterday his aged mother called to see him,
and their meeting was most affecting. Raten
grows uglier in disposition every day. Yes
terday morning he refused to eat or dress
himself, and for some time it was feared that
there would be difficulty in getting him to
the Courtroom. He finally yielded to the
requests of Jailer Newbert, and did as he
was bid.
TNotrFsr HrrD Vesferdav about 10 |