The herald., 1897-09-29

=
court was for about fifteen days trying
the case and from nifty to sixty wit
nesses were heard, and It was impossi-
BILE to keep some matters not wholly per-
tinent from being introduced.
"The handouts brought by the last
witness was as stated by counsel. While
the rivet had been punched from one
the other had never been disturbed
What they proved was for the jury, and
can't see that it was error to admit the
testimony. With regard to the ring, the
Ventura jeweler seemed to state facts
regarding the ring In evidence having
been enlarged that appeared to me pretty
strong; 1t was circumstance to be
weighed by the jury, and don't think its
admission was error.
"As to those articles referred to hav-
ing been put in the defendants house,
have nothing to say. There were the
witnesses and they testified to certain al
legged facts If the defendant was
"jobbed" with regard to those articles
it was matter of reasoning. The wit
nesses said the hat was the defendants,
and yet it bore no sign Of use, but had
been violently crushed as If to indicate
use. am not prepared to say but the
jury could infer from facts such as these
and arrive at the truth in the matter.
THE ROBBERY A FAKE
"we must all agree that the robbery
was a pretense and never took place as
contended by the defendant. That fact
settled the circumstances pointed
strongly to the defendants guilt. In
deed, counsel opening for the defense
pointed that out-that If the robbery
was a fake then the defendant ought to
be hanged. That is where the greatest
labor was expended to show that no
robbery had taken place, and the court
was satisfied on that point. And then
no account was given of the articles
found, and that the defendant admitted
on the witness stand he had lost. The
circumstances related by the defense
were so unreasonable it was difficult to
believe it. The defendant told the same
story to every one and I could see no
discrepancy, but it was so unreasonable
in itself that it challenged belief. The
robbery being proven a fake, there was
only one circumstance to be arrived at.
If the defendant laid the plan, based on
the pretended robbery of his own house,
and a hunt for the guilty parties for
two nights and one day took place, and
the people in that section were wrought
up in consequence, it was perhaps nat
ural. r
COMPLIMENTS FOR COUNSEL
"It is a most remarkable case, gentle
men-most remarkable. I think it due
from the court TO say that the defendant
had unusually good defense. No one
that heard it but must concede it. 1t
could not have been better. The young
men as counsel put forth energies that
older men might not have the physical
powers even If they were willing. The
defense made was very creditable and
one Of the ablest ever heard in this
courtroom. The spirit of over zeal-if
there was any-in my opinion hurt the
prosecution and benefited the defendant,
and so feeling that the defendant is
guilty I have no hesitation in over-rul-
ing the motion"
THE SENTENCE PASSED
Ed McCamish was then ordered to
stand up for sentence. Judge Smith
read the information and recited the
statutory facts and finding of the jury
Being asked if he had any legal reason
to give why judgment should not be pro-
nounced the defendant turned to his
counsel, who answered for him in the
negative.
ut is the Judgment of the court that
in order to carry into effect the verdict
returned that you be confined in the
states prison at Folsom during your
natural life.'
That ended it. Ed McCamish, the big,
boyish looking defendant, ceased to live
as an individual among his fellows in
work-a-day world, and henceforth will
be Number -, in for life."
AN APPEAL TAKEN
During the day notice of appeal was
filed in Department one and now counsel
for the defense will busy themselves
with their bill of exceptions. 1t is alto
gether problematical what the supreme
court may do in the premises With the
handouts, ring, hat, sleeve buttons and
the confession, so-called, out of the
way, there would not be much left of the
prosecutions case against Ed McCamish
And the supreme court is quite likely to
ignore all Of this testimony, just as the
jury are said to have done, for that was
the fake portion Of the case. At the
same time the finding of the defendants
clothing in his room-clothing which he
on the witness stand stated had been
lost, is inexplicable. AS to what trans
pired actually at the Castaic switch the
prosecutors witness contradicted one
another so persistently that the easiest
if not the most proper way to explain
the matter is to do as the jury is re-
ported to have done. The old soldiers OF
the jury testified that they had never
seen man that was shot fall backward
nor one killed by bullet lying with his
eyes closed. On this expert testimony
in conjunction with the clothing found
in the defendants room, conviction was
| reached and probably with no lapse of
essential justice to the defendant.
CLAIMING PRIOR RIGHT