Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1884-12-28

rhe Dcef.lon IA ,hs snvus s1ar-

The Decision IA tilr stfFua Hur-
der inse4
Yesterday a N white. ESQ, District Attof
neY received lhs decision Of iha supreme
Cont IL the case q siiYss, who vas son
seaeed 81 death ~ Judge Smith tyf re muir
der Of James Noinfgfu. The slpicme Court
IA a. opinion rendered ~ cniaf Ipsucc
Morrison and caDoeffed IN b. Justices Ross.
Myriuk and Thornton. affirm tho decision Of
tbs lower Court Tho feHaltlitur has cot yui
arrived but i expected te-m3uow. Amer
the rtasipt q the rsuiltisur the condemned
hts fhirts days nf grace. and The Superior
Judge Ia his mercy oan add fcv days 70
this respite Il Il probable that slisas VIII
be waited intp the Trest beyond In about
forty days Cards hays not been iasEed for
TIE execution a. yei, IN fact no committee Of
arrangements has been appointed. Bellows
lie foil text d the decision.
IA the supFeme Court o. the State Of Cali
fornin
BANG.
People nea
Rsaolfo silYas
The District Attorney hleJ an information
IA the Superior Court ~ Los angeles county
charging the defendant With the crime n
murder alleged - have been committed IN
the city 81 los Angeles on the morning Of
July n, 1854 Fhs fso,s n The case are
eieariy estztished b the evidence, aud are
briefly Is follows:
Jsnics Mcintyre. the party Killed. aua a
friend named Hickey were passing along
New High street, 10 Los Angeies ghen they
saw the defendant sitting vi a chat on the
Sidewalk nearly opposite 4 saloon kept by
ono olivier. The ddewalk a. that place wac
about seven feet vide, and the men WA sil
ting between two and three feet from the
side 81 the house, occupying nearly the
Width Of the walk. A. The deceased and
Hickey passed the deien ant between him
aud iho house, one 81 them rubbed aTninst
him struck him With hla loot on the les,
aad tnnekei bis hat 90, ~ the dhfeudant
say. Whereup0u the defendant got mp tr0ui
ihf chair apoh which he saa sitting aud al
dreuod y very opprubriour epithet 20 the
two mon, particularly 20 iiick8y. and draw
Ing A large kuifc, the blade Of which was
about 81 4 inches "a length, made hostile
demOnstratipn With it, Hickey being the
particular object ai bis anger. fheFenpOu
ibe deer ICED struck a. the defendant the
evidence does Dot show clearly whether the
nloN reached the defendant Or not. At 81
eyeuiH, Il was blow with the fist Amply.
aud did not do tho defendant any injury
Thercuppn the defendant attacked The de-
ceased With his knife, and pursued him at
least eighty or one hundred feet, striking At
him and cutung hin with the knife until
the deceased fell upon the ground, aud died
IN few minutes The savage nature OF the
attack Is shown BY the character Of the
wounds inflicted. fhe physician who made
external examinetion showed Ave wounds,
two on tbs fingers Of the right hand, ope on
tho back OF QUE noger and the other on the
under side Of the next hngeri thetc twv lay
Ia direct tine with each other, and could
have beeu made ut one time With double
edged knife; they we're small wounds. An.
other wound whs IN the left groin, one inch
and half Ia length aud out Of this the
beNe were prulrudiug about eight or ten
inches. There Nas another wound IA the
ieit side, about an Inch aud half u two
inches from the left nipple. aud an inch
lelg This fif,h wound was on the same
side inst back OF the shoulder joint.
Both tiis wounds 10 the groin aud The one IN
the side were necessarily fatal, and ord'na-
rily llfe would last about ten or hiteen mit.
utes after the iafiictior Of sucn wunnda.N
No weapon OF auy kind was found OF Me
body OF tine deceased aud II is not pretended
TIA. any was seen by any OF she Witnsase.,
not even by the defendant. The cast 4 tiit
Of q iqlonious attack by the defendant ulaiti
Hickey, an attempt by the DECEASED, how
ever rash and ineiiieaciOus % resist such at-
tack and then . mol ieroel9gs and blood
thirsty assault Oh deceased The defendant
pursued his unarmed and unresiktinH VIC.
tin tor eighty aud perhaps one hundred
feet cutting o. him with bis knife and tn
hieting on him wounds from which he died
Ia 9 few minutes. The learned counsel f0f
this defendant labofs 20 show that the crime
does not Use higher than the degree oi man
slaughter; but the lnry found the defendant
guilty VI murder IA the hrst degree, and we
do not soc anything harsh OF Unreasonable
IN The verdict
Thu charge Of the Cont 70 the jury Il 70
markedly null, clear aud correct. With the
law as laid down By the Court the defend
ant had no cause Of complaint and the yer.
fffaa 80 turv a. ffttIr lf14ifHrH kV fHaf
and the evidence given in the case
We concur. MORRISON, G. J.
Ross J
MYfiCK, J.
luonNToN, ].
Appeal from the Superior Court Of Los An
getes COunty~l. t, c tsDn and Garfield 4
bamrot for appellant, Attorney General aud
Ssephcn n White for respondent.