Daily Los Angeles herald., 1884-08-06


The courtroom of Judge III. NJ.
Smith, of the Superior Court, was
crowded to its utmost capacity yester-
day at 1880 P. NJ. by multitude Of peo-
pie, who came together to hear the sem
tence of death pronounced on Rodolfo
Silvas convicted of the murder of j. A.
Mcintyre in this city on the morning of
July 81, 1884.
On the opening of the Court, Samuel
Garfield, Esq, attorney for the defend
ant, made motion for new trial, to
which the Judge responded that the
Court being satisfied that the defendant
has had fair and impartial trial. and
that the verdict Of the jury Is warranted
by the evidence, the motion for a new
trial is denied.
THE SENTENCE.
Rodolfo Silvas, you are informed
against jointly with Manuel Higuera OF
having, on the 2lst day Of July. 1884,
wilIfully, unlawfully, feloniously and
with malice aforethought, killed and
murdered one James Mcintyre. Sever
ing from your co-defendant, you
interposed plea Of not guilty.
A jury was duly empanelled and sworn
to try the issue joined between you and
the People Of the Stats of California, and
after fair aud impartial trial. in which
you were defended by Counsel with zea
and ability, the jury returned the fol
lowing verdict: 'The People VS.. Ro
|tdolfo Silvas. We the jury find the de
PENDANT guilty of murder In the first de
gree. August 2, 1884. Foreman. Johr
Bryson.
The jury having failed to find any
mitigating or extenuating circumstance
in your case, it becomes my duty to pro
nounce upon you the solemn sentence 0
the law. 1t is that you be returned
hence under the custody of the Sherif
to the County Jail Of Los Angeles coun
ty, where you will be detained by hin
until the time fixed by the warrant o
the Court, when, and at the place there
in fixed you will by him be hung by th'
neck until dead.
The Court can only add the hope tina
you will hereafter receive from Hin
who is the fountain both Of justice ans
mercy, the mercy which must be deniet
you here.
District Attorney White lat the sug
gestion Of the Court He has not beel
asked II he had any legal cause to SHOW
why judgment shouldnot be pronounced
and if he has any let him say SO now.
| The Court--Yes, sir, Let him say o.
now.
District Attorney White-I suppos
the sentence will be Withdrawn for tha
purpose!
The Court-Yes. sir; ask him il he ha
any legal cause to show why the judg
ment Of ths Court should not be entere,
against him.
The Interpreter says that b
wanted a new trial.
The Court-You inform him that hi
counsel has already made motion for
new trial, which has been denied, an
they will, doubtless, take all the Reces
sary and proper steps In his behalf
Have you anything further to say!
The nterpreter--Noth more.
The Court-Then the judgment Of tn
Court will stand as already entered.
District Attorney White-I suppos
the issuance Of the warrant in this cas-
will depend somewhat upon the ster
taken by the counsel for the defense
Do understand, Mr.. Garfield, that yo
intend to appeal?
Mr.. Canfield Il couldn't tell you nov
Mr.. White.
District Attorney White : Let m
know shortly. 1t is hardly worth Will
to issue the warrant until we kno'
whether an appeal is to be taken, bs
cause, If an appeal is taken, necessoril
the matter cannot be determined unit
the October term Of the Supreme Cour
II an appeal is not taken, however,
shall move that the warrant issue, and
give notice to counsel that the day aftt
tomorrow, at 10 o'clock, will NOV
that the warrant issue in aecoidan,
with the judgment. Day after to.mo
row, at l0 A. N.
The Court-Yes, sir, and the defen.
ant will be brought into Court, NJ
sheriff. when the motion is made.