The record-union., 1893-12-23

the Judge in fixing the penalty to be inn
posed upon you, that | can longer con-
slider the question of intoxication. You
received the benefit of that when your
crime was reduced to murder of the
second degree. This young girl whom
you killed was at the Threshold of her
own door. She was killed In the
presence OF her mother and her sister.
You were not satisfied with shooting her
once, but you shot her second time,
and the second wound was inflicted in
the back.
The crime, to my mind, is atrocious; it
Is terrible, and were you an older man l
should give you the full extent ofthe law
that is, life imprisonment; but as has
been said by your counsel, there are some
things which | must take into copsidera-
ton in passing sentence upon you. AS
was stated, you were intoxicated. must
also take into consideration the fact that
there should be warning and an eX-
ample TO others, as we'll as punishment to
yourself IN the sentence. You were in
the habit of carrying pistol upon your
person. The consequence of such a habit
ought TO be a warning TO all young men,
especially those now present. l doubt
not but among the large number of young
men who are within the sound of my
voice some are very often about town with
pistols in their hip-pOckets. They should
regard the result that has been brought to
their companion from his act committed
when intlamed with liquor.
And let me here remark that as was
stated by the District Attorney at the
time the plea was entered, it appears that
two police ohicers-sWOrn officers OF the
law, who are paid to perform their duty
as such Oflicers-saw you with a pistol.
one of them, 1 am informed, furnished
you with cartridges TO load the pistol
with which, perhaps, you fired the fatal
shots. Another officer saw you later
with the pistol when you were intlamed
with liquor. 1t was the duty, and the
sworn duty, of each OF those officers to
have arrested you and taken you to
prison Tor the Offanse OF carrying con-
cealed weapon. Any man who exhibits
a deadly weapon in the presence of any
citizen, and particularly in the presence
OF an officer, ought to be arrested. Had
either Of these officers performed their
duty this cruel crime would not have
been committed, and this girl would not
be dead. nor would you have before you
a long term OF prison life. They are NOR
ally responsible for the death OF this girl
and equally responsible for the years Of
imprisonment that the court is about to
impose upon you. The matter of this
sentence has not been an easy one to de-
L
pose will not perhaps He satisfactory. 1t
viii not satisfy the defendant and his
relatives and friends; it may not satisfy
the friends of the deceased girl. | have,
| however, after serious consideration, ar
rived at a conclusion satisfactory to my
self, and / believe that l will do that
which is best under the law.
/ shall take into consideration your
youth. There may be yet a chance be-
fore you. By good conduct in the prison
you can materially decrease the term that
| shall impose upon you. Let me call
your attention to the fact that while you
are in prison you will be thrown into
association with the vilest and the worst
characters, and il VIII take all your firm
ness and will-power to prevent your con-
taninatiOn from contact with them. 1t
should be your aim from the time the
prison gates close upon you until they
open, TO resist the evil Influences that
will surround you, and to try and come
out better man. You are young, and
after you have served your term of i'm
prisonment there will be some prospect
before you If you Will try and avoid the
serious COMMUNICATIONS that Will sur
round you during your prison life.
AS has been stated by counsel. one of
the objects of punishment is the reforma-
ton OF the prisoner. Your character, so
far as l understand, has been good up to
this time. Perhaps like many of the
young men who should take warming by
your example, you have been in the
habit of running around and going into
saloons and drinking intoxicating
liquors. Such a course of conduct is
bound to bring any man, sooner or later,
to some bad end. Your family is of good
standing. You do not belong to the
criminal class, and your object should be
to reform. l shall also take into consid-
GRAFTON the fact that you have pleaded
guilty, and by so doing have saved ex
pense to the commonwealth and trouble
10 the officers and the people. Taken
all these facts carefully into considera-
ton I hsve come to conclusion which,
as I have said before, 1 think is right.
The judgment of the court is that you be
confined in the State Prison at San Quen-
tin for the term OF sixteen ears.
THE COMMITMENT NOT WITHHELD.
1t having been stated that the commit
ment had been withheld until after
Christmas, S. Luke Howe, F'lint's attOr-
ney, denies that such is the case. He
says that the prisoner has been suffering
with toOthache, and some dentistry is
necessary, and that Sheriff O'NeIl will
simply retain him here a couple of days
for That purpose.
Judge Johnson had no authority to with
hold the commitment and could exercise
none over the prisoner after committing
him to the custody Of the Sheriff This
explanation, Mr.. Howe says, is due Judge
johnson.