Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-04-07
DOMENTINpS PUNISHMENT.
TWENTY.SEVEN YEARS In THE
STATE PRISON.
Remarks of Judge Van Fleet in
Pronouncing the Sentence
of the Court.

Angelo Domentini was taken before
Judge Van Fleet, in Department Two of
the Superior Court, yesterday morning, and
sentenced to serve twenty-seven years in
the State Prison at San Quentin, for the
crime of rape, committed upon a girl about
u years of age, named Mary Weideman,
on the I'd of February last. The prisoner
was ably defended by Charles T. Jones, but
after long trial was found guilty by
jury. motion for new trial was made
and argued, and yesterday was set for the
decision of the motion.
In denying the motion for a new trial,
Judge Van Fleet said there was but one
point which addressed itself to his mind so
as to raise any doubt, and that was the
question of newly-discovered evidence.
After very careful consideration of that
question, he had come to the conclusion
that the evidence, even admitting the
truth of Domentinis affidavit that he
did not know of it at the
time of the trial, a fact which the record
somewhat tended TO throw in doubt, never
theless he was satisfied the evidence was
only such as would tend to raise a COL
lateral issue in the case, and was not di-
rected to any material question which arose
under the information, and that therefore
it was not such evidence as would Justify
the Court in granting the motion for new
trial.
The prisoner was then ordered to stand
up, and was asked if he had ANYTHING TO
say why sentence should not be pronounced
upon him. He made no remarks, but his
counsel appealed TO the Court 10 be lenient
with him. stating that he had always
borne good reputation in the community
and that there was in his mind very seri-
Gus doubt as to the truth of the statements
of the prosecuting witness.
In passing sentence upon the prisoner,
Judge Van Fleet said that he had tried
several cases of this kind and that he was
always prone to be skeptical and doubtful
OF the evidence of prosecuting witnesses
in cases of rape. He had watched
he entered upon its trial with serious
doubts as to the statements of the prose
cutting witness, before the prosecution
was closed those doubts had all been swept
away. If he had been upon the jury he
would have been ready to find the defend
ant guilty, but when the defendant went
upon the stand and told the story he did
he was further satisfied that he was telling
what was not to be credited at all and only
tended to strengthen his conviction of the
truth OF the statements of the prosecuting
witness.
The Judge said that the offense was a
very serious one. The law made its pun
ishment second alone to that for murder,
and formerly had provided for the punish
ment by hanging, OF people found guilty of
this otfepse. The law contemplated that
when the otfense was clearly and une-
quiyocally proven, that such punishment
should be meted out to the offender as
would not alone be punishment to him,
but that would deter others from commit
ting like offense.
The circumstances of this offense were
very atrocious. The girl was scarcely
twelve years of age when the crime was
ommitted, while the evidence showed that
the prisoner was man over thirty years of
age, with a wife and family. He should
have been deferred by those considerations
which should actuate every man in his
course through life from taking advantage
OF and violating the person of so young q
child in the manner he did. He had cast
bar sinister across the life of this young
girl that she would never be able to recover
from. 1t was fact, notwithstanding the
injustice of it. that the DEGREES of society
were such that she would be visited with
the results OF this crime, over which she
had no control and which was committed
on her with violence, and ostraciZed from
the society which she otherwise would be
entitled to in her social relations. There
| was no doubt but that when fact of this
kind was known with reference to a female
1t invariably tended to place her with
out the pale of association with those of
her own class and station in life
The Judge further said that in the con-
sideration of this case the question of the
punishment of this man, as al individual
was entirely lost sight of and subordinated
to that of an example to those who should
come after, and whom it was the policy of
the law should be deferred from the COM
mission OF crime by the punishment melted
out TO those who have been convicted. He
would therefore sentence the prisoner to
serve term of twenty-seven years in the
State Prison.
The sentence was commented upon quite
freely during the whole day. Among the
Italians who were friends of Domentini
there was strong impression that the evi-
dence of the prosecuting witness was doubt
full, and that the sentence was severe, but
others of the same race were equally out
spoken in favor of the justice of the sem
tence. prominent Italian who keeps q
store on X street, said that if ii had been
his child he would have killed Domentini
and saved the county The trouble of trying
him.
The prisoner was remanded to the GUS
tody of the Sheriff, and will probably be
taken TO San Quentin on Monday.