The San Francisco call., 1897-02-02
PENAL STRIPES FOR
ARTHUR JACKSON.
August Florentine's Slayer
Convicted of Man
slaughter.
Prisoners Sister Tainted When
the Fateiul Words Were
Uttered.
Sorrowiul Scene in Ju ige Wallace
Court Upon the Rendering of
the Jury'S Vertict.

There was painful scene in Judge Wal
lace's court yesterday. when Arthur Jack
son, 10 years old, was declared guilty OF
manslaughter, for the killing of August
Florentine on the 10th of last August, near
the intersection of Fifteenth avenue and
San Bruno road, in this City.
Jackson made stubborn defense and
Attorney T. V. Eddy exhausted every legal
expedient to clear his client. At former
trial in Judge Belcher's court, the jury
had failed to agree. When the jury re-
tired for deliberation yesterday morning,
the defendant and his counsel expressed
hopes of speedy acquIttal. After the
jury had been out for a couple of hours,
Jackson's friends arrived at the conclusion
that there was to be another disagreement.
The young mans father and mother
were present, as were also his three sis
ters, and they were bracing themselves by
strong resolve 10 withstand the strain and
iatigure of another. trial, which they feared
was imminent, when the warning bell
| from the jury-room gave notice that the
| jury had reached a verdict.
At once the twelve good men and true
were escorted into court by Bailiff Curtis,
and without formality Clerk Salomon
read the verdict which consigns Arthur
Jackson to stripes and a felon's cell.
Immediately wild shrieks filled the
| chamber of justice, and Miss Lena Jack
! son, one OF the sisters of the prisoner, fell
! i'll swoon, while ner mother and her
other sisters burst forth into hysterical
! sobbing. The prisoners father, his face
scanned with manly tears, sought to COM
| fort his dear ones, while oyerpowering
| grief at the laws sentence seemed to
! crush him.
Judge Wallace quickly withdrew, as did
also Deputy District Attorney Black, who
| had conducted the prosecution. The curl
Gus onlookers were evicted by the officers
OF the court and the memb bers of that dis
! tracted family were left alone with their
sorrow. 1t was an hour before the ladies
were able to be removed to their homes.
Jackson pleaded self-defense, hut this
was discredited by the jury. The killing
took place in Florentine's saloon. Jack
son entered the place with two COM
panions and they conducte themselves in
such disorderly manner that Fiorentine
ordered them from the premises and was
shot by Jackson. The testimony for the
a pistol at Jackson and was shot before he
/ could do so again.
Judge Wallace instructions to the Jury
were of unusual length and his analysis
OF the law of the crime of murder was
elaborate. The law" he said. lis tende er
taking wantohly or without reason there
! for. In order to make it self-defense il
| must appear that Jackson, when he fired
the shot, had, or thought he had, or, as a
reasonable man, had grounds to think that
he had, no reliable means of escape from
the then present personal peril other than
the means afforded him by the shooting
! OF Fiorentine. In order to excuse murder
| on the ground of self-deiense the slayer
m ust use all the effective means he knows
| to be in his power to secure mis- per-
sonal safety. II he knows that retreat is
! practicable and will afford him such safety
he must retreat"
The court iurther stated that when
Florentine ordered Jackson and his COM
panlons to depart it was their duty to
| obey, and the fact that he resorted to
menace did not absolve them from their
! duty to depart unless his conduct was
such that they could not with safety de-
part or retreat from the saloon, in whicn
case they would have the right to defend
| themselves against the assault.
Some of Jackson's friends expressed dis
! satisfaction. They thought that the YER
dict OF manslaughter must have been
reached as the result of a compromise. II
a verdict of murder had been given they
would have regarded the chances for re-
Versal in the Supreme Court more favor
| able.
The extreme penalty for the crime oi
manslfughter is ten years in the State
prisoH and with good conduct this may
be reduced 10 less than seven wears