The herald., 1897-05-07
The Jury in the Warner Case
Scored
A DAMAGE CLAIM FOR $4,000
RIG ROCK CREEK DISTRICTS
CRIMINAL SUIT FIZzLES
Suit to Recover $15, 900 in the U. s.
Court on an Insurance Policy.
Mrs. Leonis Charged With
Perjury

How can the fascination that certain
forms of misery have for the multitude
be accounted for? The not unfrequent
and gruesome sight Of physical anguish
as exemplified on the streets immeol-
ately draws a crowd, upon the races OF
whom may be seen depicted either SYM
rathy for the sufferer or repulslon at
the sight of blood-and yet they stano
riveted to the spot.
And SO, in like case. throng OF peo-
ple yesterday packed Judge Smiths de-
partment to the doors in order to De
present when certain persons would en-
dure an amount of physical anguish
in receiving sentence. But the partles
impilcated in the murder of James Bel
lew for it was their time for sentence,
hid their feelings very successfully, ana
displayed an emotionless calm that can
scarcely have been satisfactory to those
who delight in a scene"
After the preliminary business of the
court had been disposed of, Genera!
Johnstone Jones made motion to set
aside the verdict in the case of Emanuel!
Brown, convicted of murder in the first
degree, on the grounds that it was con-
trary to the evidence, contrary to the
law, and also on the ground that new
evidence, not previously obtainable, had
been discovered The motion was
promptly denied by the court, and
Emanuel Brown stood UP for sentence
Being asked the usual formal ques-
ton if he knew of any legal cause why
Judgment should not be pronounced, he
replied: "Well, 1 am innocent of the
crime am not guilty of the crime,
though I guess sentence will have to be
passed 1 never killed the man."
"Well, Mr.. Brown" began the court,
"you have been convicted of the high
est crime known to the laws of this
state, The circumstances under which
the crime was committed are very ag-
gravating, and under the testimony
there could be no other verdict rem
dered except that of murder in the first
degree. OF course it was optional with
the Jury to determine what your pun
ishment should be- whether imprison-
ment or death, and they have very mer-
cifully decided that it should be i'm
prisonment for life. OF course thibends
YOU so far as your individual self Is
concerned. 1t is q somplete snuffing
out Of you from society, and the
state, and from everything that holds
out inducements or hope for a young
man or and man in his life. 1t is an
awful thing. 1t is terrible to contem-
plate, and the most that we can expect
is that your fate may be warning
to other men, and particularly to other
men in this city.
Following the course that you have
there could be but one result. I would
think that people of common sense
would understand this. There could
be but one outcome for the course that
you have pursued. You turned your
back upon your wife and child and took
up your habitation with harlot. You
were ready at her beck to go and do
anything for her, and I cannot think
of anything more terrible or awful or
horrible than that, and if others will
may come of it.
"In order to carry into effect the
verdict of the jury, it is the judgment
of the court that you be confined in the
state prison of the state of California
at Folsom during the period of your
natural life"
Brown listened attentively to Judge
Smiths words, but appeared in no way
disturbed as he resumed his seat.
Then Maud Pierce, the quadroon COM
panion of Brown and the one who sc
coolly melted the two men to the crime
of robbery, stood up to receive her SEN
tence Dressed quietly, she made a by
no means unpleasant appearance, but
while the court was addressing her hel
face was not made more plea SAINT by
the slight sarcastic smile that pulled
down the corners of her mouth.
After reciting the crime of which she
was guilty and the finding of the jury
the court intimated that the punishment
could not exceed ten years in the state
prison. THAT is the maximum punish
ment," said, he, "and it is all the court
can adjudge that you suffer or serve. II
is very merciful vel~ict, because il
must be apparent to any one who heard
the evidence, and certainly the court i:
thoroughly of the opinion that had il
not been for you this young man Brown
would now be free man, that you were
the instigator of the murder. 1t was a
your solicitation and your command
and it was your hand that sent fortl
Brown that night to rob those two peo.
pie and which resulted in the death o
one of them. 1t is the judgment of tn,
court that you be confined in the stat.
prison at San Quentin for the term o
ten years"
When the third of the trio of prisoners
Will Warner-stood up for sentenc
the one little tinge of sensation of tn
morning was given to the proceedings
The jury returned a verdict of man
slaughter against this defendant an
the court took the opportunity to "rak
down" the jury for having made such
return.
After reading the information, tn
court said: 1.-THE jury have rendered
verdict against you of manslaughter,
verdict absolutely inconceivable to thi
court. They had the physical power t
do it, but under the evidence there wa
but one verdict to be returned agains