Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-08-25
RArEs IND RuRrApo.

cltIzeEs, Ia tins SIeY bEck Of the IuterLA-
,iouai Hotel, OF the afternoon Of the 10Th Of
April, 1882. and joseph Hurtado, who killed
jose Antonio Esiusrdo on the morning Of
FEBRUARY 6, 1882, on the coraer Of Front and
7 streets. were sentenced not long since to be
hanged or Thursdav, August 30sh. This was
the second tine sentence had been passed on
the condemned rnen. The first execution was
STAYED rv appeals 60 the supreme Conf Z
When Judge Armstrong passed szntence the
last time counsel for the Defendants ag5Iu
made az appeal e. The higher Court On sev- (
e-sl other points priucipalAmong wEl2n Was
6 claim that Il is contrary so ths provisions
Of tbs Constitution OF the DATED States to
sty an individual for cspissl crime ~!saout {
| FIRST giYing him an opportunity to be heard
before q Grand Jury, Iney claim that 10
! bo.h the Aforementioned cases the trials
were based upor information lied Win the
/ Court by the District Attorney. as author
I ICED by the new State Constitution, and that
q tri1l On sCch dudiags WAS Illegal. null an9
void. At the une sentence was passzd
counsel took exceptions, and gave notes
I that they would appeal the -sss.
! Counsel asked that the passing OF sentence
/ be deferred until decision could be had tom
| the higher Court.
| The Court said he had considered tbs legal
! reasons advanced by counse. why the Dag
should not be tiZad for carrying the judgment
! into execution. lie w@s Of the opinion that
! the verdict If tee jury goes 70 the fullest ex-
| tent Of the power conferred on the jury, ard
/ that prosecution by information is . due pr
cess OF law" He stated that the GuDg5Tla
/ Gust Of this and several other States lad
I decided these points, and, 10 q civil cese, tre
! Suprsme Court Of the Uoitsd States had de-
cide3 thas STATE could do away with . jury
/ tfial. The motion was too late, sud the
/ Court thought the points were no. new or
! Important, and therefore the motion would
! b cverfuied.
! Son are % She opinion that the only way
( t. stsv TIE exeeu ion * 90 procure an order
! f-81n the Supreme Cours, they rot believing
5aat lhe appeal in the last case is suft i31F.
II there is sny merit Ia the appeal, Is %
| thought that Governor Stoneman will Issue
! the order. .Hhe attorneys for the defendants
! have served notices on Sheriff Estil 20 scsy
] the execution. The Sheriff IS ia dOu55 SIS 70
/ his duty IN ths premises, aud will not act Ia
! the natter except on the bas. legal advice.
| He has not intimated as yet what he viii d.
( in The premises.
RArES's CASE.
! Calling on several attorneys, the reporter
| found that they were al Of she opinion thA'
| Raten should not hang. One Of the gentle
| nen referred TO read the following letter,
which he said would DO handed to tie Gov
eFnor in behalf OF the condemned:
Governor Stoneman: The case Of Simon Ra'en Is
one which, in my deliberate OPINION cans iof con-
mutation Of sentence. There were none oi the con
stitueut clements Of murder, distinguished from
/ the crime of granddaughter, in his case
The circumstances attending his Trial aud c0lvic-
| tion we're exceptional There is certainly ground
for complaint that in many cases trial for crime
comes on too slowly out in this case 1t was the OPP
! posite extreme which produced wrongful verdict
IL was rushed through with haste unparalleled IN
modern criminal practice Raten was utterly Trend
less having neither relative, friend or cOdntrynan
TO ala him his only friend being the counsel assigned
/ by the Court TO defend him. he IS Understood to
be native of Siberia, scarcely able to make him
| self understood in English he IS said to be
skilled workman in copper, aud an industrious man
IN TO the event which brought him 20 his present
situation, he was regarded as quiet aud peaceloie
man. | paid consdera lie attention TO the ac,s con-
nected with the killing at the time 2ud
| have thought much Of them since, and am con
WINGED that the act was committed under
! the supreme irhuence OF fear. He had
| never seen Lansing before, and encount
cred him while running with all the speed OF which
he was capable, from a crowd who were close At his
| heels, and from whom he undoubtedly believed his
! life was in danger. The man whom he had sought
| a few minutes before he undoubtedly sought with
an entirely different sentimeuta rage Of anger pro
voked by a serious personal injury he had dis
charged a shot at this man which, il il had taken
effect and proved fatal, would have justly convicted
him OF mauslaughter, and, perhaps, OK murder in
the second degree. But his shot though AZ short
range was delivered under such excitement that DC
missed its object and took effect upon innocent
| bystarder Surprising that he had killed an limo
cent man. when, in fact, the wound was trivial the
whole nature Of the feelings which governed bis a-
tons was changed IN an instant The most over
! whelmiug sense OF alarm and fear Oyerc2mc him,
ana he fed instantly, pursued by a considerable
crowd Of people. In probably less than two m n
utes while trying 70 escape MS pursuers, some Of
whom it is said, were crying, " XIII him., he sud.
denly encountered Lansing, who attempted to in
terceut him. when the fatal shot was fired. This j.
not case of - murder with malice at0rethought.
The cool and premedt ated design, always necessary
to constitute such crluo was entirely absent
most respectfully submit TO your ENcolleucy
that the power lodged IA your names was gwen LOT
| exercise in a case like this. | am moved % thus
| communication by-a profound conviction arising
solely from my reflections upon the snblsct that II
would be wrong, 10 the fullest sense OF the Word,
that this should suffer the extreme penalty.
| There seems to be, so fer as ] have Observed,
strua re indifference in the public mind IN regard 10
this matter. There is, however, very genera es
| preston that Ratsn VIII not be hanged, and It's
founded Oh the belief that he ought not 10 be- This
sentiment in favor Of mitigating his sentence is not
worked up nor stimulated INTO active de1nonstra-
ton by the adnstry Of his friends, for he has none
scarcely even having acquaintances, but IS founded
upon naked sense Of fair play and justice, which
the people are ever ready to accord TO the uu-
frended stranger.
A representative of the RECORD U MON
called npon General Hart, one of Hurtado's
!
situation of his client. Mr.. Hars said The
right of Hurtado to appeal from the order
recently made by the Superior Court Of Ssc-
ramepto county fixing the day Of his execu-
! ton, has been denied by some persons who
have not had the industry to investigate the
question. Independently OF any judicial de-
| termination Of the matter, Section 1897 Of thu
! Penal Code which expressly gives him the
right 10 AZ appeal from any order made
after Judgment, affecting the substantial
rights Of the party. il sufficient to place the
question beyond q dou5'. The SE-
preme Court, however, have construed
the section, and in the case of the
People vs.. Sprsgue. oh California, page 81,
after quoting that section in a case exactly
ike the Hurtado case, said the order IN
question clearly comes within the third sub
division of this section The right to appeal
being conceded, the question as to whether
or not an appeal, when taken in capital
case, stays execution, is one Of Easy solution.
The Penal Code provides, in effect, that APP
peals 10 capital cases shall stay execution.
This is necessarily true, because TO say that
a man may appeal IN such
case. and yet that be may be exc
outsd during tbs tendency OF that appeal,
| is absolutely nonsense. IL no civilized Gov
eminent would the people tolerate an act so
bsrbarous as the execution Of an Individual
before his rights had beea fully tried and de-
/ terminsd by competent authority, l have no
fear Of the execution of Hurtado until his
case has been heard in the Court Of lsst re-
sort. In my opinion, to hang him while his
appeal is pending, would subject tho person
who perpstEhtsd the act to a prosecution for
mauslaughter, And even if because ne acted
in good faith re could shield himself from
criminal .,asiu4.--y, lie certainly would be
liable civilly for the damages resulting in
causing the unlawful death Of Mrs. Hursad1's
husband. have heard wild rumors about
the intention Of the Sheriff to hsrg Hurtado
notwithstanding the pending Of his appeal. [
do not believe those runors, because an at
tempt TO hang him under these circumstancas
would be an exhibition of undue haste thss
would fud no parallel in this country.
cannot believe that any one would undertake.
4 such thing even 10 doubtful case. This
case however, is emphatically not doubtful
in any sense.
IATER-Sheriff Estill came mp from San
Francisco last evening and ut II P. u. was
interviewed by a representative OF the
RECoRn. UNION. He said his duty in the
preni. es was plain, and he would carry into
execution on Thursday next the order OF the
Court unless the pardoning power q the
Executive or the restraining power Of the
Supreme Court interviewed.