The record-union., 1892-12-29
DAVIS PLEADS GUILTY.
The Young Highwayman Sent to Fol-
som for Eight Years.
lie Has Been In the Nevada Peniten.
tiary-CharIes Scribner Gets Two
Years and Morse One.

Fred Davis, the man who IN attempting
to hold up'' Patrick Wall at the latter's
grocery store, corner of Sixth and
streets. shot the groceryman because he
resisted, was sentenced to eight years
imprisonment at Folsom yesterday after
noon by Superior Judge Catlin.
Davis was brought into the courtroom
with two other criminals, John Morse
and charles Scribner, by Deputy Sheriffs
Alter and Fay. Davis aged mother was
waiting for him in the courtroom, and
burst into tears when the young man put
in an appearance. He was permitted to
sit beside her and they conversed in low
tone until Judge Catlin came in, when
Davis had to sit with the other two evil
doors.
District Attorney Ryan read the in
formation against Davis charging him
with assault with intent to commit muir
der, and then Judge Catlin asked the
young man the usual questions as to his
plea.
''Guilty - replied Davis.
MERCY ASKED FOR.
Alvin J. Bruner, Davis counsel, then
asked the court to be lenient in passing
sentence. He went over the facts of the
case at length. He said that Davis and
his mother were very poor. AT the time
of the attempted robbery they were out
of provisions and their house rent was
due, and in an evil moment the young
man thought of robbery. He and IL
year-old lad named Mullen sailed forth,
bent upon robbing Wall. They did not
desire, said the attorney, to harm the
groceryman. Davis had a pistol with
which to scare Wall into giving up his
money. But Wall resisted with knife,
and in the melee Davis gun was exploded
and Wall was injured. Mr.. Bruner said
further that Davis considered himself
wholly to blame and did not desire that
any should fall upon Mullen.
NOT QUITE AN ANGEL.
If Judge Catlin had had any idea of be-
ing merciful to Davis it was spoiled by
the District Attorney. Mr.. Ryan said
that Davis was not quite the angel he
looked. 1t was through Mullen's con-
fession that the authorities brought Davis
to time. Mullen was quite young and
had been led into the crime by his older
companion. Davis was no new hand at
the business. Both had gone to Wallis
place masked in true highwayman style.
Wall seized a cheese-knife and tried to
defend himself, when Davis shot him.
Wallis life was despaired of for several
days, but fortunately for the young men,
he finally recovered.
Upon being asked by the court if any
thing had been ascertained regarding
Davis previous character, Mr.. Ryan said
he had a certificate from Carson, New,
showing that Davis had served two terms
in the State Prison there. He was sent
up for a year for burglary, escaped, ana
was recaptured. He was given another
year for escaping.
Davis spoke up at this juncture, and
said that he was pardOned by the Gov
ernor of Nevada before his second term
was served out.
Judge Catin said the case was one
wherein too much leniency would not be
wise. He, therefore, sentenced the young
man to eight years at Folsom.
1t is understood that Mullen viii not DO
prosecuted.
SCRIBNER PLEADS GUILTY.
Charles Scribner, the young man who.
in the company of two others who have
not been captured, stole 800 grain sacks
and number of sacks of wheat from the
granary of Jacob Heintz, on the other
side OF the American River, was next
arraigned.
He, also, pleaded guilty, and had an at
torney, Hiram Johnson, present to plead
for mercy for him. Mr.. johnson said
that Scribner had never been arres ted for
a crime before and his recent misstep
could not be accounted for by his rel
atives He was well connected and his
folks felt the disgrace brought upon them
stolen did not amount to much and mas
much as 1t had all been recovered there
should be no desire upon the part Of the
prosecution to insist upon a heavy PEN
atty.
District Attorney Ryan called the at
tention of the court to the fact that Scrib-
ner and the others did their nefarious
proving at night and had used a wagon
and a cart TO haul the stolen goods into
town. where they secreted them in James
Scribner's barn, without the latter's
knowledge. 1t was burglary in the first
degree. Besides, there was a set of har-
ness and some other articles found among
the sacks, which had been stolen from
still another place.
Judge Catlin gave Scribner two years
at Folsom.
ANOTHER ACKNOWLEDGMENT OF GUILT.
John Morse. the young man who re-
Gently broke into the room of A. Woods,
lOdger at the fremont Hotel, and stole
watch, was next ordered to stand up
Tor arraignment. He, too, acknowledged
that he was guilty.
Morse was questioned al length by the
court. He said his home was in Chicago.
and that he had only been in Sacramento
three days when arrested. He said he
was broke" and. being unable 10 get
employment, resorted to theft. He
claimed to he but IS years OF age, and
seemed to rather like the predicament he
was IN. he declared, however, that he
had never been arrested before
Judge Catlin thought one year would
be about right Tor the young man, and
designated Folsom as the place for him
to spend his vacation.
State TEvT NOUS