The record-union., 1891-10-22
TWENTY YEARS.
John Haggerty viii Probably Die al
the Folsom Prison.
Judge Van Fleet Has Little sympathy
for Man Who Becomes a
Victim to Drink.

John Haggerty, the old man who was
convicted of numbering his son, John d.
Haggerty, appeared before Superior
Judge Van Fleet yesterday for sentence.
Haggerty's attorneys, Messrs. Ander-
son and Bruner, moved for new trial
on the ground that the verdict was not a
free expression of each juror; that the
verdict was contrary TO the law; that the
verdict was contrary to the evidence ;
errors of Court in decisions of law, oc-
curing during the trial, and errors of the
Court in instructions to the jury, and
submitted the motion without argument
| Judge Van Fleet overruled the motion,
and then directed Haggerty to stand up.
When asked if he had anything to say
why judgment should not be pro-
nounced, Haggerty said that he had al
ways loved his children, and that his
children loved him; that the only eX-
ceptions in his family relations were his
wife and his son John. the deceased that
they had always made trouble for him ;
| that his son John despised his sister and
! himself; that often his son John had
abused him, and often beaten him; that
he drove him out OF the house on a num-
he was driven out, having his shoes and
clothes i'll his hands.
MIR. Haggerty,' interrupted the court
''while this might have been n cause for
you to have had him arrested, it did not
| justify you in committing the crime of
murder, and was no excuse for what you
did on the day OF the homicide, because
ali the evidence shows that your son was
sitting quietly and that you assaulted
him without any apparent cause"
Haggerty then proceeded to relate that
he had been out of his head for some
time, and that his wife and the murdered
son had been prosecuting him.
When Haggcrty had concluded. Judge
Van Fleet said that he believed the YER
/ dict Of the jury was right. ''The
! evidence he said, did not satisfy my
mind that you were insane, but it did
satisfy me that you had been in the habit,
for a long time, of drinking to excess, and
had on that day been drinking. The law
makes that no excuse Tor crime, but it
does permit the jury to take it inro con
sideration in determining the condition
OF ones mind in passing on the question
OF his intent. OF course, the jury have
I-done that in this case, and they have in
effect stated by their verdict that yoIr
condition was not such rs to prevent you
/ from having IN your mind the intention
to do what you did. With that verdict,
as | say. | aIa satisfied. If | was not
| satisfied on that question, its determina-
/ ton under the law rests with the jury,
/ and under the evidence would not be
permitted to disturb it; bat 50 far as that
is concerned the verdict meets with my
approval.
! sending a man Of your age TO the State
| Prison for long term of years, the neces-
Sity arises under the circumstances, and
/ of course 1T is mere matter OF duty which
must be performed. / have only this to
say however, that ! have little consider
alton for a man who so far fOrgets his
obligations to his family, to society and
to himself, as to habitually and to the eX-
tent that you had been shown to have
done, to indulge in the habit of drinking to
an extent that incapacitated you from the
performance Of your ordinary avocationS
for a considerable portion of the time. 1t
may be that | am so constituted | cannot
appreciate the hold liquor takes on
man, but l have very little consideration
for a man that cannot in his sober mo-
ments exercise sufficient strength of
character to guard against the terrible re-
suits that flow from drink by restraining
MS appetite.
II shall take into consideration the
recommendation of mercy of the Jury,
and, outside Of that, the injury that you
have received, as considerations in your
favor. But l cannot promise you that
your sentence viii be as light as you
might hope. / do not think that you
have shown disposition in reference to
your family, or TO your babies, as you
term them, which should to any consider
able degree influence the court TO tighten
your sentence. 1t would be natural Tor
them to love you, and you would be GER
tainly very unnatural if you did not love
them"
Except that young man." said Hag-
gerty rising to his feet. "He was never
home, and he has always abused me and
called me names, and my head has not
been very good. / slipped off from the
cars coming down from the mountains,
and my head for four weeks was hurt,
and it is not well YETI
Judge Van Fleet did not pay much at
tention to Haggerty's remarks. When
the latter had concluded the court sem
fenced him to imprisonment at Folsom
for twenty years.
Haggerty seemed greatly affected. ''Oh
dear, DEAR he said. Twenty years! 1
will have no days for myself
The old man was taken to Folsom in
the afternoon.