Daily Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1876-1884, 1882-05-02
THE COUCH CASE.
Sane and Sentenced Gets -Four
Years in San Quentin.

Sane and Sentenced-He Gets -Four
Years in San Quentin.
Yesterday morning, in the Superior
Court, Judge Sepulveda called the case
of Nicholas Couch, who had been previ.
ously convicted of manslaughter. Our
readers know that, after his conviction,
Messrs. Stephenson and Del Vale, his
counsel, moved for q new trial, basing
their motion principally on an affidavit
made by DR.. Lathrop that Couch is in
sane. The Court denied the motion for
a new trial, but, not desiring to sentence
an insane man to the State prison, Judge
Sepulveda concluded to obtain the best
advice he could on the matter, and APP
pointed Drs. Nadeau, Harmon and Wild
ney to examine the prisoner. These
gentlemen did so, and reported Couch
sane. AS the defense, however, did not
withdraw their plea, the Judge deter
mined to have an investigation of the
matter by jury; and, week before last,
counsel for defendant announcing that
they would then be ready for trial, his
Honor had jury summoned for to-day
to try the question of the defendants
sanity or insanity.
The HERALD published an account the
next morning of the action of
the Court, and stated the legal
proposition that Mr.. Couch had placed
himself in rather queer dilemma; for,
as the Court lad denied him new trial,
if he should be judicially determined in
sane, the result would be that he would
be sent to the Napa Insane Asylum, to
be there retained until pronounced
cured, and then to be returned here for
sentence to the State Prison. This arti-
Gle reached Mr.. Couch in his jail scell
the morning after it's publication and
put "bee in his bonnet" which made
him decidedly uncomfortable. Look at
it any way he liked, he could only see
himself coming out of the "small end of
the horn"
Yesterday, as stated before, the case
was called. A jury of twelve were i'm
panneled, sworn to answer questions,
etc, and Intercepted by District Attor-
ney Brown. The Court then asked
counsel for defendant if they had any
questions to ask the jurors; they replied
that they had none to ask, and intended
to take no steps in the matter whatever.
The twelve jurors in the box were then
sworn to try the case.
The Court inquired of District Attor-
ney Brown if he had any testimony to
offer. He said that the affirmative of
the issue was with the defense, and all
he had to do was to rebut any case that
they might make. The Court then
wished to know of Messrs. Stephenson
and Del Vale if they had any to offer.
They replied that they had not, Mr..
Stephenson stating that, according to
DR.. Lathrop's affidavit, the insanity of
Couch was of such a type that it could
not be cured by any temporary resi-
dence III an insane asylum, and that he
desired new trial for his client on the
main charge, and not temporary sus-
pension of sentence, which would be the
only effect in the present phase of the
matter of an adjudication that his client
was insane.
The Court then instructed the jury to
bring i'll verdict that they found the
defendant sane, as there was no evidence
presented before them to the contrary
The jury, without leaving their seats,
accordingly brought in such a verdict.
Couch then was ordered to stand up
and receive his sentence. The Judge in
formed him that he had been fairly tried
and had been convicted OF manslaughter;
that it had been suggested that he was
insane, and jury had been impanneled
to try that issue; but his counsel had re-
fused to present any evidence; and asked
him if he had anything to say why SEN
tence should not be pronounced upon
him. He replied that he had not; that
he had been fooled around with long
enough, and that he desired to have his
sentence announced and to commence
serving it. Judge Sepulveda then or
dered that Couch be imprisoned in the
State prison for four years.