The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1895-06-27
FIVE YEARS IN THE PEN.
That is the Sentence Passed Upon Hal-
bert, Who Shot Clarence Steele.
A MCKEE ARTESIAH WE'LL CURIOSITY
Heavy sales of Yakima Wool Bring
in Considerable Csin-The indi.
ans Will Celebrate fer Twelve
Days-ssme Late Hop News.

Almost the entire Saturday session
of the superior court was taken up In
the argument upon Attorney Snively's
motion for Q new trial in the
Edminston case. Mr.. Snively closed
at 5 p. M, and Judge Graves took
the argument and citations under advise
ment until o'clock in the evening.
After having announced his determine
ton a. to that matter, Bring Halbert up,
Mr.. Sheriff." said the Judge; and with
that party there appeared behind the bar
Attorney Rockford, who proceeded to
argue his motion for q new trial in this
cause. He alleged LAS THE HERALD last
week stated he would) that Judge Graves
erred in not preparing form Of verdict
which would have implied "simple as
sault," and he offered an affidavit signed
by himself TO the effect that the jury had
not been watched over by bailiffs as they
should have been--he himself having
heard outsiders conversing with one of
the jurors, before verdict Was returned. .
Mr.. Rockford also read affidavits from
Sheriff Dlley and Bailiff Butler, who de-
MED the attorneys statements positively
saying that they were continuously
and at all times with the jury and that
no outsider had any conversation with
them. Mr.. Rockford assured the court
that his own affidavit was true, notwith-
standing the asseverations Of the two
officers; but Judge Graves concluded that
the preponderance of the testimony was
with the officials.
"Stand up, Halbert!" said he, in con-
GLIDING his refusal to entertain the mo-
motion for new trial; and the man
who had taken two shots at a wronged
husband arose tremblingly TO his feet.
"Have you anything to say, or reason to
offer why sentence should not now be
passed upon your" queried the judge.
1t was trembling-limbedi ndi vidual
who shsmbled to the nearest table,
against which he leaned for support, and
it was only by strsining Of the ears
that the faltering accents Of the man
could be heard-even though the court
room was still as death.
"I-I don't know. l think l have
butt don't-don't know how to say il, :"
he stsmmered. II am not guilty. 1
never meant to harm him--nor no man.
IL didn't 60 after trouble-or to kill
him.-I-I-"
Here he was interrupted by his attor-
ney, who stated that he hoped the court
would be lenient. when he remembered
that Halbert was a man of family and
that he had always been q good provider
for them. Judge Graves remarked that
| it was to be supposed that man would
have some redeeming qualifications, and
that he of course would be expected to
provide for his family; he could see no
reason for judicial clemency in that plea.
Then turning to the prisoner he went on
to say that not for years had any case
been tried before him where the prisoner
had such small claim for mercy or 80
meagre reason for plea of self defense.
Had but one shot been fired, even then
he considered that the self defense point
would have been hardly proper to raise |;
but when he remembered that two shots
had been fired, when Steele's back was
turned and for which reason it was easy
10 see the defendants life WAS not in
danger, he could not find just cause for
omission Of censure and sentence. He
reminded Halbert that he had cause to
congratulate himself that his bullets had
not found q vital spot; that if they had
he would now be in q much more precsr-
ious situation. Concluding, he said he
saw no reason for limiting punishment,
save in the matter OF the age of defend
ant. To q man Of his years-Halbert is
50-a small sentence would mean as
much as larger one to younger man !;
therefore he ordered that the prisoner be
confined in the penitentisry at Walla
Wslls, at hard labor, for period Of five
years-and Halbert took his departure
from the court room under the espionage
Of the sheriff.
The sentence gives universal satisfsc-
ton to those who have followed the tes-
timony or who are conversant with the
inside history of the case. There is no
doubt that the man intended killing
Steele-notwithstsnding his asseverations
to the contrary. There are stories enough
OF scandalous nature, that might be
brought out against the man, to satisfy
the most sceptical that Judge Graves has
placed him where he belongs-and these
tales do not altogether depend upon the
incidents leading up to the attempted
killing.
Ths verdict and sentence are also
feathers in the cap of Prosecutor Engle-
hart, who conducted the trial in mas
terful way and in the elimination wins
his spurs as prosecuting attorney in
the very first criminal case he has been