The record-union., 1898-06-23
REMOVED FROM TEMPTATION
TWENTY YEARS FOR JOHN
vANTINE, JR.
Judge Hart's Scathing Lecture to
the Wayward Young
Sacramentan.

lit will be many years before John
Vantine, Jr., will give his relatives. his
friends or the courts any more trouble
superior Judge Hart yesterday commit
TED the unfortunate young man TO
aWenty years in San Quentin Prison
1t was probably out of consideration
Tor his most worthy and respected par
eAaS that the court refrained from I'M
posing more severe sentence, because
ut has been long apparent that noth-
ing but prison restraint can keep the
young man out of difficulty. Whale
he we'll understands the difference be-
tween right and wrong, many regard
him as mentally Unbalanced to the ex-
tent that when in iQuor he is virtually
an irresponsible being. AT all events.
he is always going wrong, and Tor
many years has been a sore trial TO
his relatives.
The crime for which Vantine was
recently convicted was the robbery OF
an old man named Henry Steinmeyer
of some four or five dollars, but there
We're prior convictions standing against
him that under the law made his mini
mum punishment ten years imprison-
ment, to which Judge Hart added an
equal number. IT, however, Vantine
should be an exemplary prisoner and
earn all the credits allowed he will get
off with about twelve years actual i'm
prisonment.
Yesterday was the day set for the
passing of sentence, but when the case
was called Vantines attorneys, III. q.
Soule and j. D. Moynahan, moved for
a new trial, and in support of their
motion they presented an affidavit OF
a somewhat sensational character. 1t
was at least a surprise to Assistant
District Attorney Jones, who asked for
time in which to answer the allegations,
and the matter was continued till :
o'clock. Following is:
THE AFFIDAVIT.
u. E. Mccoy and E. r. Cook, each
being duly sworn for himself, deposes
and says that he is over the age of
- years and a resident of the said
county and State; that he knows Carl
Munger, one of the jurors in the trial
of the above entitled case; that after
the trial of said case and the rendition
of the verdict therein, to-wit, about the
- day of June, 1885, in said county,
he had a conversation with said Carl
Munger about said case, wherein said
Carl Munger stated to affiamt that said
defendant John Vantine would never
have been convicted We're it not for the
prior convictions against him; that old
man Steinmeyer, the prosecuting wit
ness, did not know who robbed him;
that he (Munger) could not tell from
Steinmeyer's testimony whether the
defendant or the girl who testified in
the case robbed him. but when it came
out at the trial that Vantine had been
sent across the bay twice before chad
been in prison twice., that that set
tied the case with him: that such was
his opinion of the case when the YER
dict was rendered, and that the rest of
the jurors We're of the same opinion;
that it was all right to talk about the
Judges charge-of course he is expect
ed to charge the jury about what eyi-
dence to consider, but that Butch VAN
tine was too we'll known; that it was
no use to talk about not considering
Vantine's past; that it was too We'll
known that a fellow with the past rec
ord of Butch Vantine (defendant)
could not expect to be acquitted
That said Carl Munger then and
there further stated to affiant that af-
ter said jury had retired to the jury
room to decide upon a verdict, and
that he. said Carl Munger, pretended
10 the officer in charge that he wanted
to step out back, but that instead he
went out to a saloon-made a sneak out
and got some liquor and filed up; that
Juror Covell brought up before the jury
the past record of Butch Nantine de
fendant) and discussed his reputation
fully before the jury; that the whole
jury then began to talk and generally
discussed the defendants past charac-
ter; that said Benjamin Coven brought
before the jury about his having been
sent across twice before, and then dis
cussed his general reputation.
THAT said Carl Munger further stat
ed that when that fellow from Fresno
slashed Butch Vantine's head it was a
pity that he did not cut the - -
IS throat and settle him for
good for he had broke the old man up,
and the ought to
be in jail any way on general prin-
ciples.
THE CASE RESUMED.
When court reconvened Judge Hart
stated referring to the affidavit and the
alleged utterances of Juror Munger,
that juror could not impeach his own
verdict by an affidavit setting forth