The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1896-10-13
SENTENCE PASSED
BY THE COURT
Lenlency Exhibited by the Judge In
the kenney Case Yes
terday.
ELOQUENT PLEA BY COUNSEL

Affecting Scene In the Court Room
Law Must Be Upheld. and Warning
Given 10 Others -Lenlency 10
Reform Criminal.
when Judge Mcbride yesterday after
noon pronounced sentence upon J. j.
Kenncy convicted by the jury In his
case Of assault with deadly weapon
upon 4, Y Ross, an affecting scene took
place In the court room. which was
crowded with attorneys and interested
spectators. The circumstances Of the
case were well known 10 ALI on the
morning Of August LIST. Kenney follow
ed Ross and his wife from the restau-
rant where they had taken breakfast %
Mr. Ross place OF business. using In
decent language. following them into
the room. and there continuing his
abuse Mr. Ross threw him out Of the
room. raised brick and threw Il az
him. striking him. and few moments
later Kenney pulled revolver and fired
az Ross through the open door of his
oiiicc, The grand jury rendered an In
dictment, and after a lengthy trial OF
the case. the jury returned verdict OF
guilty as charged. and recommending
the defendant TO the mercy OF the court
The court appointed the hour OF 80
yesterday afternoon FOR pronounclng
sentence when the defendant was
asked II he had anything 10 say why
sentence should not be pronounced. his
attorney Mr.. winton. arose and made
one OF the most eloquent pleas for mer-
cy ever heard IN Clatsop county court
room, He rrclted several Instances Of
a similar nature recently decided In this
court. and urged that In his belief IL
was the Intention and purpose OF the
law not only To protect the citizens OF
a community. and punish offenders. but
TO reform a criminal whenever II was
possible, History poetry, and all the
graces of the arts were called upon 10
demonstrate that as time progressed.
Il had been found more cNpedient and
cillcaclous to deal loniently with men
who. having transgressed the law IN a
moment of passion. were sorry for their !
deeds and willing to made amends. In |
this particular instance the counsel |
urged that the defendant was under the !
influence OF liquor and only partially /
responsible FOR his acts. and yet the |
law took no cognizance Of such n condi- |
tion. hut he stated TO the court that |
he believed that Mr.. Kenney regretted |
deeply what he had done. and that II
the shame and stigma Of the brand OF
states prison We're kept from his name
and that II his wife and children were
not disgraced 10 that degree, that he
and they In the future would live apart
from the environments which had
brought about their present great trou-
ble, He did not ask for the lowest SEN
tence that could be pronounced under
the law, but stated that II fine was
imposed, that he, himself. would make
every effort to aid the defendant in
raising It, and he believed that from
henceforth. as others had done towards |,
whom clemency had been shown, the
defendant would lead different and
better life.
a sensation swept over the courtroom
as Judge Winton, during his remarks. l.
turned towards District Attorney T. j.
Cleeton. and in a manly and effective
manner apologized to that gentleman
for the abuse he had heaped upon him
during the arguments in the trial,
which he attributed to the excitement
OF the moment, and the heat of trial.
He said that never before, in all his
practice, had he felt so keenly the
thrusts given him, and sharp replies
made by the district attorney, who, he
said. had throughout the case proved
himself to be not only a gentleman, but
a thorough lawyer and logician of the
highest ability.
Closing his address to the court,
Judge Winton made final appeal {
which visibly affected the court and all l
those present. When asked II he had
anything to say In rebuttal, District
Attorney Cleeton replied that he left
the matter entirely with the court.
Before leaving his argument, Judge c
Winton read letter from the prose- S
cutting witness. A. Y. Ross. drawn up I
before Judge a. A. Cleveland and duly I
signed, and addressed to the court, and I
which begged for mercy for the defend I
ant Mr. Winton said that If he lived,
he hoped TO be able to write upon the
gravestone of Mr.. Ross, the epitaph,
Here lies good witness and an hon
est man."
In delivering sentence Judge Mcbride I
said:
II have very carefully considered this {
case. 1t is a case that appeals very S
much to the feelings of the court, and /
those feelings are not diminished by the G
very eloquent plea of the counsel in his I
behalf, or by the letter read from the
witness. The object of pun ;
is two fold. The first is to re-
form the offender and to prevent IL
possible his committing similar acts in /
the future, and the second is to deter
others from committing like offenses.
The offense in this case was Of grave '
and only by an accident was !