The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1895-11-07
! PATRICIDE'S SENTENCE
McGoniele Gets Sixteen Years In The
Penitentiary.
The NOTION FOR AN APPEAL DENIED
The city Council Makes the Tax
Levy - Other Municipal News.
miscellaneous Notes OF the Farm
and Market.

Only few spectators were in the court
room on Wednesday morning, when
Judge Graves appeared to pass upon the
motion for new trial and arrest OF judg-
ment in the case of Charles McGonigle,
who was found guilty Of murder in the
second degree last Sunday morning-the
victim being his own father.
The defendant, who appeared in court
with his attorneys, Messrs. W. L. Jones
and G. ID. Murane, has lost much in
color during tht past week, though be did
not appear to be nervous to that degree
hitherto noticeable. He is violent to-
bacco chewer, and he was kept constantly
busy in expectorating; hence his some
what desultory attention to the pleadings
Of Attorneys Jones or the replies of Prose-
cutor ERglehart.
Attorney Jones' grounds for his motion
were several in number; but the three
principal ones were: Error OF law in
trial, excepted to at that time; error in
instructions to the jury; and that the
verdict was contrary to the law and the
evidence.
In the first point raised, the attorney
cited two cases, one from the California
supreme court and one from the supreme
court of this state, bearing upon the ex-
clusion OF testimony attempted to be
offered by the defense, which would have
shown that Charles McGonigle had been
told that threats were made against his
life by j. M. Eaves-and hence, that in
firing the shots which is acknowledged
as having been fred by him, he did &c
under the impression that caves was
seeking to kill him.
Prosecutor Engehart, in answer, dem.
onstrated that no evidence was brought
forward to MAINTAIN the statement of the
attorney for defendant; that Cy Woolsey
had simply said "Eaves was bad man
I'd rather have anybody after me than
Eaves'-not that Woolsey had told Nc
Gonigle that Eaves had made any direct
threats.
Judge Graves, in summing up, stated
that the decision Of the Washington su.
preme court was unsupported by that Of
any other state; that, were such ruling as
cited by Attorney Jones to obtain in all
murder cases, the defendant could build
around himself such wall OF evidence
of that character that it would be impos.
sible to convict him; that he could brin 2
in any number of witnesses to swear they
had told defendant that a certain indi-
vidual was bad man, thus causing said
defendant to maintain that he was in ter
ror Of his life. Judge Graves held that
defendant had no right to act on any
such presumption, and that his mind
should not be prejudiced by such tesi
mony. In order, he said, to let the SUI
preme court pass upon its own ruling in
such case, for one reason, and because
he had studied the matter pretty thor
oughly and said no propriety in changing
his rulings at trial, he felt that he must
over.rule the motion presented by the de-
tense. He also denied the motion for an
arrest of judgment-then, turning to de-
PENDANTS counsel, he asked if they had
anything to offer or reason to assign why
judgment should not be pronounced.
Attorney Mrrane stated that he hoped
| the court would remember that McGon.
lyle, as shown by the evidence, had not
sought the quarrel; had sent word that
he did not want to see caves; had re-
manned 10 his own homeland had been
there accosted by an armed and angry
man.
Judge Graves then ordered McGonigle
to arise, and asked him if he had anything
to say. Nothing that will have any
bearing on the case" said the prisoner.
Thereupon the judge said that, in his
mind, the jury themselves must have felt
no doubt as to the fact that the prisoner
had fred the shot which had killed his
father, witness their verdict. For bis
part, the law gave him some latitude in
imposing penalty. STIMULATING, however,
that the minimum should be ten years.
Hesitating moment. he abruptly broke
in: SIT is the sentence of this court and
the law, that you be imprisoned in the
penitentiary at Walla Walla, at hard
labor, for the period of sixteen years."
McGonigle did not finch, nor by any
action manifest emotion. He simply
stepped to the cuspidor-then took his
seat, to be removed moment later by a
bailiff.
Should the supreme court reverse the
ruling OF Judge Graves, McGonigle will
be granted a new trial. This, in the
opinion OF his attorneys, will be the out
come; but Prosecutor Englehart does not
seem to fear reversal.
CITY Council Meeting.
The regular session of the city council
was held on Monday evening, all pres.
ent save Hill and Diteman.