Daily capital journal. (Salem, Or.) 1896-1899, 1897-07-17
SENTENCED,
Gardner Receives Sentence.
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sdCEn 81 the defense taz, the new
evidence that would y produced ia
case neW trial VS. granted would
saoa the whereabouts q accused o.
aJth II April, but this had not been
shown. All authorities were uDsni-
NOUS in refusing % grant new trial
under these Circumstances, aud the
motion Of Gardner counsel for new
trial vas Oyerruled.
The defendant was asked IL he had
anything 10 say before sentence was
pronounced On him. G2rdner arose
and declared his innocence Of the
charge. He had never been guilty Of
the crime fn all Of his life. He could
not see how jury could return yer-
dict Of guilty from the testimony in
troduced at his trial. He asked that
the court should be as lenient as pos-
slble in pronouncing sentence and
again resumed his seat.
Judge Burnett then sentenced the
man 10 seven years Imprisonment.
Scarcely had sentence been pro-
nounced when,Gardner buried his face
in his hands and .wept like a child.
eKclaiming between his sODs, Ny
| God Ny God, would rather be shot.
Won't somebody shoot me:" Deputy
Sheriff a. It. VAIN at once took
charge Of the man and escorted him
u the jail below, where he continued
his sObbing and similar ordinations.
| cGardner was taken To the peniten-
tlary this morning By Sheriff F. T.
WTightman.
Gardner ihas been married several
times, his last wife is still living but
he has no children. The maximum
sentence for this crime Is ~ years 50
it will be:seen the man received a
comparatively light sentence.
MARION COUNTY INJUNCTION CASE.
Major d. c. Sherman Of the la1
firm Of Sherman, COndit s. Park, who
have been 'emplOyed by Treasurer
| Brown 70 appear for him 10 the court
house warrant injunction suit, Med a
motion before Judge Hewitt this
morning asking 70 have complaint Of
plaintiff made more definite and GER
tain. The amended complaint when
filed, will probably be demurred TO.
N PROBATE COURT.
The death OF Sam b. Parish al
Portland last week, left the J L.
Parish estate without an administra-
tor. Subsequent TO his death, Mrs.
Henrietta Parrish. today DetitiOned
the probate court for the appoint
ment Of DR.. f. A. Pierce as admins
traitor Of the estate. The petition
was granted and letters Of admins
tration will be issued upon his filing
bond for $4,000. The petition shows
that j. L. Parrish died on or about
May 30, 1895 leaving property, real
and personal, u the probate value
Of $4,000; that the following named
persons, whose ages and places Of resi-
dence are hereinafter alleged, an all
and only heirs OF said decedent, tOwit:
c. w. Parrish, aged 80 years, OF Can.