Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-06-26
LOCAL INTELLIGENCE.
Sentence of A. d. January.


Yesterday, when the case of a. D. Janu-
airy. convicted some weeks since of en-
bezziement, was called in Department One
of the Superior Court, Judge n. Greene
Curtis, counsel for defendant, addressed the
Court on the facts of the case and moved
for an arrest of judgment and new trial
The Court overruled the motions, and then
proceeded to pass sentence. as follows
-" You We're indicted by the Grand Jury
of this county for the crime of embeZzle-
ment, pleaded not guilty, and was there
after tried and found guilty. / presume
that ii is entirely unnecessary for me to re-
call to your mind the circumstances of the
crime OF which you have been convicted.
They are us fresh in your mind and as
prominent, perhaps, as any recall would
make them. l am free tosay that the duty
cast upon a Judge under circumstances of
this kind and especially as | feel it, is an
unpleasant one. There are a great many
instances where men are convicted in
Court, when the Court has knowledge of
their previous character and history, that
takes away from the passing of sentence
great deal of the unpleasantneSs. But
when IL comes to passing sentence upon
man who has occupied high official and
social relations in the community, and
against whom no previous misdeed had
been recorded, it is a very painful duty, i'll
deed You are aware doubtless, as a man
of intelligence and education, that the
theory upon which our penal statutes are
framed, and upon which the law proceeds
in fixing the punishment for any given
crime is not so much that of punishment
to the individual transgressor as an example
to others. Now, if / were to follow in this
case the bent of my own inclination,
would assuredly give TO you the very light
est punishment that | could under the law.
| do not think that your bent is entirely
bad, as there were circumstances surround
ing the inclinations leading to your crime
which perhaps may, in one sense, be ex-
tcnuating in their character. But the offense
is a very grave one, indeed. 1t was COM
mitted under circumstances which admit
almost OF no palliation whatsoever, so far
as the law IS concerned You were sworn
officer OF the Government, and. in effect,
Morally, if not legally, you violated your
official oath as well as committed q crime
directly in taking the money. | would like
10 feel that could under the law and facts
of this case give you lighter sentence. l
feel deeply, indeed, for your family-that
is. not only your fathers family but your
wife and children. But with that | have
nothing to do. The judgment of the Court
is that the defendant be punished by i'm
prisonment in the State Prison at San
Quentin for term of ten years.
Counsel for Mr.. January will appeal the
case TO the Supreme Court at once, and
pending the appeal, he will remain in the
county Jail. His attorneys profess great
confidence in the result of the appeal. 1t
will probably be based mainly upon the al
legged insufficiency of the Indictment, which
set forth that the defendant was the clerk,
agent and servant of his father, the State
Treasurer ii being held that this language
was too vague and sweeping. and that one
or other OF the positions should have been
designated. 1t will also be claimed that
the facts shown on the trial were not suiii-
cient 70 constitute a case of enlightenment.
The sentence imposed by Judge Van Fleet
is the full limit of the law.
NEW INcoRPoBATIoNs.-T were filed
yesterday with the Secretary of State the
following articles of incorporation The
Shiloh Cemetery Association. of Shiloh,
SOnoma county, for the purpose Of prOcur-
ing. purchasing taking by donation or
otherwise. Lands TO be used exclusively for
the burial of the dead. Principal place of
business. Windsor. TruStces-J. H. Laugh
lin benjamin Clark. Il. T. Mitchell. Henry
Bell. D. G. Clauion. J. II. Espey, J. B. Nc
Cutchan. II. = Pool, J. {. keene......T The
Fresno Fruit and Raisin Company, for the
purpose Of buying. selling and dealing in
green. rpe and dried fruit and vegetables.
20 dry the same. and also to construct and
operate fruit and vegetable-dryers. Direct
ar, William Schmolz, George II. Eggers
August Wcihc. Herman Eggers, Henry
Seyeuias Capital stock, $4,000, divided
into IolU shares of the par value Of $50
each.
Police CovEr-Business before this
tribunal was very light yesterday only
three cases appearing on the calendar.
Thomas Boyle, whose case of disturbing
the peace was tried on the previous day,
and taken under adviSement. was dis
charged Philip Sweeney, arrested for
having been drunk, forfeited his deposit
......Ios.e Durham alias Powers. alias
Otonno-, charged with petit larceny. prior
conviction, III stealing so from a man who
visited her house, was allowed 10 plead
guilty oI simple charge of petit larceny.
and was fined Sl00. or lOo DAYS. 1t is only
about two weeks since she was fined so
for ike oiiense.
Ey RoUrE.-Deputy Sheriff D. S. Nc
Swain, Of MERGED county, passed through
the city yesterday, en- route to the State
Prison at Folsom. with a prisoner named
A. Huise. who is to serve two terms. one of
two wears for an assault with deadly
weapon. and the other of five years for an
assault with a deadly weapon with intent
TO commit murder Lord. of Ne
vada county, also passed through, convey
ing an insane man named Roswell r. Hunt
to the Asylum at Stockton.
PARpoSED BY THE GovERNOR.-The Gov
ernor has granted pardon to VIM. Nc
Rowan. who was convicted of battery in
San Francisco last March and sentenced to
six months in the House OF Correction.
Upon a recent investigation il appears that
the battery was not severe, while on the
other hand the provocation was great, and
the father being in Jail and the mother an
inmate of an insane asylum, left eight small
children without the care OF relative.
OPEN AIR CoScERr.-The following mu-
sic will be rendered by the Hussar Band
p. Spargo. conductor-at the Plaza at 7:30
this evening: Quickstep, "Hussar, Spargo;
overture, witch and Wizard, Dalbey;
serenade 1.-THE Brides" Pettee; waltz,
queen oil the ocean, ROUND SIah.i
march, Second United States Cavalry, "
Leitch; overture, "Zethers,' Pettee; selec-
ton, medley, Bonman galop, Calm and
Cyclone" Pettee.
TOMORROW there will be a sale at the
Red House. Every department will be
represented, commencing at o'clock a. NJ,
and closes at 10 o'clock P NJ
&FU lots in to-mOrro,r'S colo. oil har
gains. Red House.