The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-09-30

people believed Winthrop was trying TO
| Halter the judge, but they became silent
again as he continued) However when
you set my case for trial two davs later
think that was unjust. When that gray
nalred old man was on the stand you
out l will say no more that point
All l have to say is that I am not
guilty, and this will be proved by wit
! neSses. l am poor man. l had no money
70 hunt up evidence. My wife went around
the best she could, but not having ex-
perience in that kind of work, OF course
she conld not, do much. | believe that in
rev days witnesses will be here to
prove my innocense.'
Judge Wallace began his statement by
ie1utlnS charges and explaining different
lnslnuationS made by Winthrop. EIe said
that the case had not been rushed through
that plenty Of time had been given the
defendant and that nothing was said at
the time of the trial that it had been
brought on too quickly. He said he did
not believe what the District Attorney
had said at any time was sufficient to
portant functions, but if it was so. tho
Jury. system ought to be abolished. He
continued:
Upon the whole deny the motion for
sentence of this court is that you be i'm
prisoned in the prison at San Quentin.
State of California, for and during the
term of your natural life"
4 sudden murmur arose from 200 or
300 throats. AT first it sounded as if
surprise was going through the crowd.
but it ended in a subdued ''Ah-h' before
the gaveI of the bailiff could restore order.
Winthrop was nearly unmoved. His
mouth twitched little and he made two
or three swallowing motions, as If the
words of the judge were hard to take, but
there was no change of color in his face.
He was taken into the custody of the
sheriff Immediately and removed from
the room.
James Campbell did not come up from
San Jose to see his robber sentenced.
Captain Lees was as stolid as ever, but
when the sentence was pronounced he
turned to give significant look to De
tective John Curtin that showed salts
faction at having landed inside San Quen-
tin man whom he considers one OF the
most dangerous criminals of modern san
Francisco.
District Attorney Barnes was congratu-
lated by his father, General Barnes, and
Assistant District Attorney Black was
also complimented. There We're large
number of attorneys and officials present
at the closing scenese of Winthrop'S s case
The crime was committed August 30, ana
seven weeks later to a day sentence was
pronounced.
Attorneys Bell and Outflow, as soon
as Judge Wallace disposed of the case
and called another, prepared vWsII.o VII oa oa
to sign it, This he refused to 90, con-
sidering there was no proDaDie cause Iol
his granting new trlal: w mel + LI,e, -
tornevs were baked in their attempt 10
get a stay of proceedings in the SnPeTioi
Court they went TO Chief Justice lSeatty
of the Supreme Court. After nearing tileIf
reDresentationS Beatty granted a stay oI
proceedings for ten days, which time they
SyiII have to prepare their appeal for a
new trial.
Attorney Outflow was very indignant
Yesterday He said that Judge Wallace
had acted arbitrarily and had deprived
winthrop of his legal rights, which would
be obtained before the Supreme Court;
He also argued that Judge Wallace nad
not the right to sentence Winthrop to life
imprisonment claiming that as the Code
said that the sentence in such cases should
be "for not less than one year, the Juuse
should have stated a specified time, such
as five years, or sixty years, or whatever
he chose.
Other attorneys differ, but many say
there would be less chance of winthrop
getting a pardon had he been given a SEN
tence of fifty years, which would Vlrtu-
ally be for life, than for life lmprlsoh-
ment itself.