The record-union., 1894-06-19
FOUND GUILTY OF MANNLAUGHTER.
A Compromise Verdict in the Case
of H. ]. Palmer.
Judge Murphy Denies the Application
for Bail Pending Judgment
A New Trial.

| OA SdtuIuay hiSHI tLS jury III LAc oAAlioA
murder case returned to the courtroom
at half-past 10 yesterday forenoon.
| In response TO a question from Judge
Murphy, Foreman Henderson replied
that the jury had not been able to agree,
and stood IL to l.
! Mr.. Henderson said the jurymen were
all tired out after their six weeks ordeal,
that they could not possibly agree, and
desired to be discharged.
Judge Murphy said he could not blame
the jurymen for wishing to be discharged,
but he thought they had better try it
again and see if they could not come to
an agreement. The jury then retired.
In the meantime the courtroom became
filed with spectators, the impression be-
ing that the jury would not be long in
arriving at an agreement.
The guess was a good one, for in about
twenty minutes they returned to the
courtroom. On being asked by the court
if they had agreed on verdict, the fore
man replied that they had, and then
handed a document TO Clerk Pfund, who
read as follows:
! The People of the State OF California VS.. II.
j. Palmer: We, the jury in the above-entitled
cause, find the defendant guilty of man
slaughter. J. NJ. HENDERSON, Foreman.
| When the verdict was read, the mother
of the defendant burst into tears, and her
son bent over and tried to comfort her.
The standing Of the jury was eleven
for conviction for murder, and one for
acquittal.
Judge Murphy said he would be obliged
to postpone sentence in the case until the
| 18th of August, as he could not arrange it
to be here again before that time.
A. j. Bruner, of counsel for Palmer,
gave formal notice of a motion for new
trial. and General Hart asked the court to
admit Palmer to bail pending the judg
ment.
Judge Murphy took the matter under
advisement until after the noon hour.
General Hart in the afternoon applied
| to Judge Murphy for an order releasing
Palmer on bail pending the passing of
| judgment.
District Attorney Ryan and c. T. Jones,
special counsel for the prosecution, op-
posed the motion, on the ground that if
| Palmer was released on bail pending the
passing OF judgment the rights OF the
| people would be jeopardiZed. II Palmer
was allowed his liberty in the meantime
his bondsmen could not be held liable IN
the event OF his not appearing at the time
Of passing judgment They claimed
there is no law supporting a motion for
not in the discretion of the court to act in
such a case
They contended that Palmer should not
| be allowed bail until after the disposition
of q motion for new trial and the pass
ing of sentence; that there is no form
of bail for the release of a man con-
victed of an otfense between the
time the jury rendered the verdict
and the passing of sentence, and that if
bail is allowed the Judge would have to
assume the responsibility Of Palmer es-
Gaping further punishment for the crime
for which he was convicted.
General Hart, on the other hand, ar
gued that person is never convicted un-
Til the court passes judgment, and, as
Judge Murphy had not as yet sentenced
Palmer, it was proper that bail should be
accepted.
Judge Murphy said it was not within
his power and discretion to order
Palmer's release on ball. and as he never
before heard of an application for bail be-
tween the rendering of verdict and
passing of Judgment, he would, consider
ing the possibility of the rights of the
people being jeOpardiZed, have TO deny
the motion for bail. He would, however,
after passing sentence and deciding the
motion for a new trial, grant a writ of
probable cause and fix the amount of
bail.
In the course of his remarks from the
bench the Judge said he had endeavored,
to the best of his ability, to give Palmer
fair and impartial trial, and if he had
committed an error it was of the head
and not the heart.
General Hart commended Judge Muir
ply for the manner in which he had pre-
sided during the trial, and took occasion
to say that Palmer had received fair
trial at the hands Of the jurors and others
directly interested in the case on behalf
OF the people.
Judge Murphy said that this afternoon
he would fix the time for sentence, and
on the latter date arguments will be
heard on the motion for new trial.