The record-union., 1897-06-26
VERY COLD DAY FOR FROST.
Judge Hart Sends Him to Folsom for
Two Years.
He Also Takes Occasion to Remark on
the Recommendation of
the Jury.

Judge Hart yesterday morning passed
sentence on Sylvester Frost, who was
convicted of having committed an as
sault with intent to commit great bodi-
Iy harm on Ike Johnson.
Frost knocked Johnson down one
night and kicked him brutally about
the face and head SO that his eyes were
closed for several days and he was ter
ribly cut about the head by the hob
nails in Frost's shoes. Johnson was at
the time trying to protect a white wo-
man named Miller from the insults of
Frost, who is a negro.
The jury that convicted Frost was
out about four hours, although the evil
dence was clear, and some of them IA
vored finding him guilty of simple as
sault only. The verdict that was
brought in recommended him to the
mercy of the court.
Frost, who became a witness in his
own behalf, admitted on the witness
stand that he knocked Johnson down
and then proceeded to kick him into
insensibility. When asked by District
Attorney Ryan if it was his Frost's)
intention to render his victim sense
les, Frost, with a hideous grin on his
face, and evidently being of the opin-
ion that it was something to be proud
Of, promptly answered YES" and said
it was his intention to "do Johnson"
and also admitted that had he had a
pistol he might have killed him. He
said: You see, when / fights, 1 fights
fast, and follows it up" He admitted
kicking Johnson with his nail-studded
shoes and pushing his sister to one side
in order to kick his unconscious victim
again, as he lay PROSTATE upon the
floor.
Judge Hart took occasion to score the
jury in pronouncing sentence. He said:
The jury accompanied its verdict
with a recommendation addressed to
the court to be merciful in the matter
Of the punishment to be inflicted upon
the defendant
Such a recommendation, so far as
the law is concerned, is of absolut ely
no force. Sometimes Judges, in impos-
ing sentence upon persons convicted,
recognize such a recommendation, but
they are only authorized to do so when
the evidence disclOses any extenuating
circumstances, and in such cases any
Judge, mindful of his duty under the
law, would be merciful without such
recommendation.
"Juries are only the judges of the
facts. They have nothing whatever to
do With the law, nor have they any,
thing to do with the penalty, and when
they hesitate about returning a ver-
dict of guilty, and the evidence estab-
fishes the guilt beyond all reasonable
doubt, simply because they fear the
Judge may inf1ict what they consider a
severe sentence, they violate their
oaths as jurors.
Long Imprisonment is not neces-
sarily a severe punishment If the
evidence discloses circumstances which
demonstrate the facts that the crime
was committed in an unnatural and
brutal manner, such a punishment is
not severe, but just
L shall not recognize the recon-
mendatiOn Of the jury in this case be-
cause your offense was an unprovoked.
unnecessary and peculiarly brutal one.
L shall infict upon you the highest
penalty which the law prescribes for
an offenSe of the character of the one
Which you have committed It is there
fore the judgment of this court that
you be confined in the State Prison at
Folsom for the term of two years"
Frost has a bad reputation in no.
lice circles and his brother, "Chick"
Frost, is now serving a sentence of six
years at Folsom for robbing a white
man in Chinatown.