Los Angeles herald., 1892-01-05

When Albert Acevado entered the
court room of department one yesterday
to hear Judge Smiths decision on his
attorneys motion for new trial. he ap-
peared bright and hopeful, but when he
left the room shortly after all his hope
fulness was gone. He had been SEN
fenced to imprisonment at Folsom peni-
tentiary for term of five years.
Acevado was arrested on charge OF
burglarizing store in Chinatown.
George and Amos Abbott, both init
mate friends and the constant COM
panions of Acevado, were also arrested
for the same offense. Acevado was
tried and convicted. One of the Alb
bolts was acquitted, and in the case OF
the other the jury disagreed.
Acevado's counsel moved for new
trial, on the ground that the court erred
in instructing the jury, and for the rea-
son that new evidence has been 1iscov-
cred since the trial. The motion was
overruled, Judge Smith stating that the
defendant had fair and impartial trial,
and that but little faith could be placed
in the newly discovered evidence.
In passing sentence Judge Smith
spoke as follows -
If thought it was wisdom to embark
in any extended remarks, certainly the
occasion Is prolific one. A young man
just coming to manhood, of your fine
physical, makeup, intelligent, bright,
strong, manly, well-favored, with father
and mother who are suffering tenfold
more than you are or can for the situa-
ton you are now in. You have no idea
nor conception of the pain, sorrow and
grief that you have brought to your
father and your mother. No doubt
time out of mind, again and
again, and over again, you have been
demonstrated with, chided, perhaps cor
rected by them in your downward course
of misconduct, but you have shown a
wicked, settled, persistent determina-
tion to seek low, bad company and make
your bed with them, and you have done
it. There is no one to blame but your
self, young man, for the position you oc-
cupy, and if it were you only that were
being punished, the spectacle, although
sad, would not be as bad as it is now,
for others suffer with you.
Whether your fate will be warning
to others who travel this same road with
you and have been doing 80, must be
determined, but you should know, you
ought to know, you are old enough to
know that such conduct and course
such as you have pursued cannot be
tolerated in civilized community that
it leads down and down to the very
lowest, to the prison bars and the rope !;
and the law must be enforced, for the
protection of society and decent people
who desire to behave them
eelves and to avail themselves
of the opportunities of life !;
therefore we have our state prison to
shut up the incorrigible, the bad and the
wicked, who are determined to lead the
lives OF criminals.
Possibly, as you are very young man
this may be the very lesson you ought
to have and the one that was necessary
to save the remaining portion of
your life from worse fate. If
30, then it is blessing, but
coming in a very severe manner,
and it may be hoped when you come out
of the states prison that this will be the
turning point, and from that time on
you will try to be man and obey the
laws OF society and of the country in
which you live.
1t is the judgment of the court that
you be confined in the states prison at
Folsom for the period OF five years.