The record-union., 1895-11-30
IVAN KOVALEV'S DEATH SENTENCE.
He is Now Behind the Walls of
Folsom Prison.
Attorney Anderson Moved for a New
Trial, But 1t Was Denied-The
Prisoners Demeanor.

sentence of Ivan Kovalev who was con-
victed of the murder of Mr.. and Mrs.
F. H. L. Weber on the night of Decem-
Der %, 1894
The courtroom was filled with spec
tators who had been urged by curiosity
to come and hear the sentence and OBJ
serve the demeanor of the wretched
man when it was pronounced They had
not long to wait for as soon as the
court was called to order KovaIev came
in, with the same impressive mien and
step that characterized him through
out the trial. and took his seat The set,
had disappeared, although he looked
steadily before him.
S. Wahrhaftig acted as interpreter,
and Judge Johnson instructed him to
tell the prisoner to stand up and to ask
him If he had anything to say why SEN
tence should not be passed on him. He
said he had nothing to say, and after
tho usual formalitieS had been observed
he was sentenced to be hanged in Fol
som State Prison. His eyes shot forth
look of agony, but not muscle of his
face quivered when sentenced.
w. a. Anderson, his attorney, then
moved for a new trial on the grounds
that the court had erred; that the YER
dict was contrary to law; that the jury
received evidence outside of the court,
and that the court had erred in its in
structions to the jury. He claimed that
there was error in introducing some of
the evidence to the jury, but he real
lied that it was useless to object to it
under the prevailing public sentiment
The court had erred principally in re-
fusing to entertain his challenge to two
| jurors, thus forcing him to use his per-
| emptory challenges. The District At
| torney had said repeatedly also, that
the defendant had an opportunity to
introduce contradictory testimony.
This was clearly error, as the prisoner
did not go on the stand for himself
Courts, he said, are often censured for
reversing decisions, and the press is
apt to mislead the public on the law of
a case. The blame does not lie with the
appellate courts, but with the lower
ones, with detectives and District At
torneys, whose eagerness leads them to
commit errors.
He complained that the District At
tOrney had referred to counsel for de-
PENDANT as pettifogging on matters of
law. During his own argument he had
a little overstepped bounds, but not
sufficient, he thought, to deserve a re-
L.
the jury's independence, and the court
had rebuked him.
Judge Johnson said he should deny
the motion for new trial. He felt con-
| fident from his own knowledge that no
error had been committed from the be-
ginning of the case to entitle the de-
| PENDANT to a new trial.
He had had fair trial. the jury be
! ing composed of the best of our citizens
a nd he wiz fI1ll iad he
dict. The court endeavored from lie
first that the defendant should have
fair trial and have chance for his life
For that reason he exercised great care
in selecting counsel, and selected those
whom he knew to be Jealous and indie
fatigable. He was satisfied that they
did all they could, and worked as hard
as if they were receiving a large fee
Throughout the trial he had given the
defendant the benefit Of any doubt and
had jealousy guarded his rights under
the law. He did not think that the
District Attorney had done anything
wrong, or used any statement that the
witness did not defend himself.
AS regarded his own remarks he
thought they were fully justified. Mr..
Anderson had, in the warmth of his ar
guments, allowed his language to get
the better of him, and had perhaps said
more than he supposed he had. The
court would have been justified in in
terrrupting him when he spoke of the
jury being above the law, but thought
he could cure the mistake better in his
charge He wished to tell the attor
neys right now, however, if it ever hap
pened again while he was on the bench,
he should never permit an attorney to
make such remarks without stopping
him.
He then announced that the time of
Kovalev's execution would be fixed for
the Dist of February. Kovalev's lips
closed tightly as the day was named,
and the interpreter said afterward that
he came near crying.
Sheriff Johnson took the condemned
man to Folsom in the afternoon and
| turned him over to Warden Aull.