The herald., 1898-04-16
BLACkMAN SENTENCED
HE GETS TEN YEARS IN SAN
QUENTIN
ILL AND THE PICTURE Of: WOE
"A Strong but Unsuccessful Effort
Made by His Lawyers to Secure
New Trial

w. r, Blackman, his head bandhged uI
and looking still weak from his recent III
ness. was brought into Department one
yesterday for the purpose OF receiving Ms
sentence. The prisoner was accompanied
by his wife. When Judge Smith called the
case Attorney Earl Rogers presented al
fidavits on motion for a new trial. Amons
the grounds alleged there was one OF mis-
conduct on the part of Deputy District AT
torney McComas in having sat down on
the railing of the jury box and addressed
them during the absence of ten minutes OF
the Judge notwithstanding the objections
of defendants counsel, but in the course
of his argument for the people. Judge
Smith at once took issue with Mr.. Rogers
and positively denied having been out OF
the court room ten minutes at any time
during the trial. 1t was conceded that there
was very little merit in the allegation and
this matter was dropped. The great argu-
ment for new trial on the part Of the de-
fense was that the corpus delicti in the
Blackman case had not been proved at
the time that alleged extra judicial admis-
sions and conversations were introduced
in evidence. 1t was also contended that
certain evidence that had been permitted
to go to the jury should have been shut
off by the court.
Mr.. McComas replied that corpus deficit
in a case of embezzlement could only be
proved by proving all the circumstances
connected with the case. The prosecution
had properly proved that the defendant
was the agent of the Los Angeles Lighting
company; that he had been intrusted with
the moneys of the corporation and those
moneys were missing Judge Cheney spoke
in the same sense and said that it would
have been ridiculous to have insisted that
witnesses testify twice over, merely to
preserve the order of evidence after the
corpus dlicti had already been proved.
All these contentious respecting the
order of admissibility of testimony were of
a technical nature, but similar contentious
have nevertheless In cases other than en-
bezzlement caused the supreme court to
grant new trials where there was no evil
dence of guilt except the defendants con-
fessfon. In the Blackman case, Judge
Smith was satisfied that the evidence had
been properly introduced to the jury ana
he would overrule the motion for new
trial.
Blackman was now called up for SEN
tence, but permitted to sit down because
of his evident feeble condition. Mr..
Rogers made a plea for his client, who
had lost his social position and everything
he had cherished through his crime. His
punishment, before his sentence was pro-
nounced, had been great. He asked that
Blackman might be sent to San Quentin.
The court admitted all this. but re-
ferred to the defendants hypocrisy. He
had to make an example in this case, and,
had gone about parading under a cloak of
virtue while his acts were criminal. He
had to make a nexample in this case, and.
much as he regretted 1t, he would. Judge
Smith thereupon sentenced Blackman to
the pesIitentiary at San Quentin for the
period Of ten years, permitting him. how
ever to remain in the county Jail until
his condition should warrant his removal
to the state prison. a stay Of ten days be-
ing considered sufficient.
1t is very doubtful whether Blackman
will live long enough to serve even a tenth
part of his time, as he is rapidly breaking
ND.