The record-union., 1894-08-15

be in the jury-box yet, rather than to
find the defendant guilty.
As far as the charges OF heated discus
sions in thejury-room are concerned. that
is a frequent occurrence, especially IN
murder cases, and perhaps the jurors had
an example from the counsel during the
trial.
THAT the court misdirected the jury in
matters of law, or erred in the decision
OF questions of law arising during the
course of the trial, l do not think that
point is we'll taken.
81 am satisfied that the court ruled
properly, and will stand by my de-
cisionsn
The Judge then directed the Clerk to
enter an order denying the motion for a
new trial.
SENTENCED To SEVEN YEARS.
Palmer was then ordered to stand up,
and Judge Murphy proceeded as follows:
ou were accused by the District At
torney OF this county of the crime OF
murder. You have had three trials, in
two of which the jury tailed to agree, and
the jury III the present trial bringing in
verdict of manslaughter. You have
had fair and impartial trial, and on all
doubtful points of law the ruling of this
court has been invariably in your favor.
The jury that tried the issue of fact were
good, true and intelligent citizens, and a
better jury, | venture to assert, could
not be found in Sacramento County. The
great majority of them believed you
guilty of murder, and the verdict OF
manslaughter was evidently compro-
mise verdict. No recommendation for
Judicial mercy or clemency was made by
them TO this court. \ ou were defended
by able, eloquent and earnest counsel,
who. during your long trial, gave YOU
their whole time and attention.
District Attorney Ryan and Associate
Counsel Jones while doing their whole
duty to the people, did not use, nor at
tempt to use, any unfair means or meth
DDS to procure your conviction. Your
counsel, the prosecuting attorneys and
the jury have completed their work, and
now the law directs me to do my duty.
That you killed Charles Phleger there is
no question. That the killing was a
crime and unjustitiable, the verdict OF The
jury and the opinion of this court estab-
lish beyond all reasonable doubt. That
your defense of insanity proved failure,
and that you were legally responsible tor
your acts, is also an established fact.
You deprived this community of a
useful and honest citizen; you deprived a
loving wife of a kind husband, little
children of an atfectionate father and pro-
tector; you violated the laws of God and
your crime go unpunished would be a
travesty on justice.
1.-THE commandment, Thou shaft not
KILL must be respected and obeyed, and
the officers of the law must see that no
guilty man escapes. In this instance you
escape luckily by the verdict of the jury.
Imprisonment for a few years will be
your fate. In the solitude of your prison
cell you can reflect on the awful crime
you have committed, and before you pass
to the eternity to which by your pistol
you sent the deceased Phleger without a
word of warning, on your release from
custody, you can. by manly, honest acts,
atone to society tor the great wrong you
have inflicted upon it.
Il have reflected considerably upon the
extent of time which you should serve in
punishment for your crime. Man.
slaughter is punishable by Imprisonment
in the States Prison not more than ten
years. L believe that justice should be
tempered with mercy in proper cases,
and taking into consideration the fact
that you have been incarcerated in the
County Jail awaiting trial for nearly
three years, | will deduct that period
from the extreme sentence which could
be imposed upon you, and will name
seven years as the term of your impris-
onment. 1t is, therefore, the sentence of
The law and the judgment of the court
that you be imprisoned in the State
Prison at San Quentin for the term of
seven years, and it is so ordered. The
defendant is committed to the custody of
the Sheriff to carry out the sentence of
the law"
BAIL REFUSED.
When the Judge had concluded Palmer
manifested no emotion and quietly sat
down.
General Hart asked the court if he
would issue a certificate of probable
cause, and admit Palmer to bail pending
an appeal to the Supreme Court.
Judge Murphy said he would probably
issue the certificate, but would not grant
the defendant bail.