The sun., 1894-02-20

OF Criminal Procedure, upon the ground that
the facts set forth in the fndictment did no
"HfRs The aSsstions raised By this motion hay,
heretofore been presented In the dofenee'e de
nuffer" said Col. James. hut Idsem II righ
70 make the motion again. merely to Drotec
That Is correct. v said Justice Bartlett
The demurrer was argued before me and
And as to the motion now9" asked Col
The motion is denied" said the Justice
Col James took another exception and pro
next move your Honor for suspension o
~ OF The Penal Code. as amended by chapter
259 Of 1893. which came INTO effect April 3
not exceed ten years, and the defsndsnt hs:
nssnor s %Rasooy % The ssctoS II eods
yhiih resds TsF Js@es ssr. 'ea read
the passage which concluded; But such
during tbe good behavior Of the person con-
vlcted where the maximum term OF the i'm.
such person has never before been convicted
vision 81 sT Wssrsb1 coart n asT TfS HS
thiH discretion. must have had in view cases
from offences against the laws Of this state
and was person 81 credit and standing In the
Tss d.cnSSnt IN tbis S Case has heretofore
had q clean record so far as the provisions OF
this Penal Code are co1serned 1, lie has never never
lie is man who has stool high 10 this com
munity; whose aid has been sought by many:
whose generosity has been shared by many {:
whose friendship has been enjoyed BY many.
Iknow Of no better test OF the credit Of man
%Sers S s'2S'RspeIs GS iISss and Il we .S. @
KS character has has been 5'DS SSimposchsbis Now.
that the Court might recognize the value Of
good character and good standing and free
Ing been 80 made. 'wo submit to your Honor
whether this is not case auch as came within
passed this act and such as does not appeal to
the sense o. clemency and propriety upon this
Col James resumed his seat beside Nc
kane. who had not made move while he was
..psassins, but Who halt raised his head as Jus
an can say in regard to this application
IA this nos cali or
sIhle exercise q such clemoncy. aud the mo-
Col. James jun ped UP again and exclaimed:
our Honor. this is matter IN your dis
eretion." He sat down very quickly as Justice
1T think that the, motion. T. granted, would
be an abuse OF nv discretion"
pered toex-Juiee Troy. some % the, crowd
n tho gallery were LOCKING aogrily at the jus
There WIS a very slight noise in the rear rt
the room. The Justice hammered his desk
- / instruct the officers of this court to arrest
any person who makes any noise. The slight
est disturbance vii! be punished as contempt
OF court"
Col. James returned then to tho attack. He
asked for thirty days time in which to prepare
n bill OF oxcsrtlonS. Gen. Tracy. for the pros
erution said there was no objection to that re-
quest. and the Justice granted It. Next the
G"at anSss seStSn .Sd ses sodS 10
Moknne to move for a certificate OF reasonable
doubt. Mr. shepard arose then and said that
such u motion was improper until judgment
had been pronounced; Col, James said no
had remained standing. next snoko.
"On the part of the people," he said we
certain considerations touching the form and
the measure OF the Judgment. Certain mat
James in our view aggravate the offence OF
-" It appears here that tho prisoner has been
aman who has been in public life for a con-
siderable time; man oil mature years and OF
sse STeS himself tn as Tsn
administrator OF law With ali this knowledge
aud expericnee he has done what the Jury have
convicted him ot doing: ami we do not per-
erive IN his station and his experience any rea-
son that can with proprietv be addressed to
tho Court In diminution Of the severity OF the
sentence.
We hardly mead address TO the Court any
acter oil the offence; that com IN ent has been
made on the part Of the people during tho
We feel bound to say also that In the course
Of the trial that several aggravations OF the
presented; his insosnt disregard Of right and
tho brutaties personaliy visited by him
Ss na'G direct Command aPee the eanyss fns
who went to Grayesend on the Saturday night
before the election ana upon the eitizens
election In themselves constituted a number
OF crimes WHICH have been satisfactorily. and.
indeed. overwhelmingly proved in the course
OF this trial The perjury com nitted by this
defendant In the course Of this trial. and the
special perjury committed by him upon tho
mandamus proceedings in order to defeat JUS
tire aud promote the crime OF which he was
which should rest In the mind OF the Court in
pronouncing sentence. On the other hand.
net share the opinion OF the Jury. But We feel
constrained to say 70 the Court that the Jury.
en'lous men. who listened patiently to the
long presentation of the ease. who have heard
the Testimony presented in behalf of the de-
fendnnt, have in one feature OF the case dif-
ferrd With us This feature, 1t IL true. Is not
Still. it Is the opinion or Impression OF
these twelve men. Tor whom We must all
not feel on the part Of the people
that We @ are eat at liberty , 20 adopt the view Of The
completely this Tecommo dation which they
have chosen 10 make. so am authorized by
the prosecution that We approve a substantial
d.fcrense on the art o. the Lonrt to the rec
MAKE Un these considerations I submit the
motion for Judgment"
Col James I!stened to this speech OF Mr..
Mckhne flushed as Il was spoken. lie looked
At his counsel AZ Col. James got up to reply.
IL Is somewhat extraordinary" said Col.
James. in criminal procedures that tho
prosecuting oiltcsr should urge uUon the
Court rigorous sentence. The sentence to
be i'm posed within til. latitude prescribed by
statute rests with the judgment, tho con-
science. and the mercy Of the Court In this
case the Jury have recommended the prisoner
TO mercy; the reasons why they did so are oh
Si0us Throughout this case there has been
an atmosphere throughout all this community
Of excitement and peculiar interest which has
20 awaken preiudics against the defendant.
The mind of the Court must certainly have
bean FREQ from prejudice throughout The
case through the prolonged trial must have
been FREQ from prejudice. and when these
twelve men. sworn to execute duty not
sought by them and painful in itself. have
closed their laboTs with the recommendation
of the defendant 10 the mercy OF the Court it |
sssns to the that that appeal should be heard |
above any word OF counsel upon either side.
The quality Of mercy is not strained. and |
never does the attribute Of man approach so |
pear TO God as when mercy seasons Iustice. |
In uthis case there are many considerations
WhIch urge themselves with strength for Glenn |
eneyNn the passage OF sentence The law H.
II A. 4.