The record-union., 1898-06-23
certain reasons for his action in the

certain reasons for his action in the
juryroom.
Attorney Soule called attention to the
fact that Juror Covell had brought to
the attention Of his colleagues matters
that were not before the court or jury
at adj. He then enumerated several
points ON which the motion for a new
trial was based. That on which coun-
sci laid the most stress was what he
termed an attempt by the prosecution
to prejudice the jury against his client
by getting before it in an indirect man
ner matters which the Deputy District
Attorney knew he could not introduce
regularly. The jury was given to un-
derstand that the defendant had been
previously convicted of misdemeanor,
and it certainly had it's effect ON the
jurors. A man is en.itled to be tried
only on the facts involved in the charge
against him.
Judge Hart said that during the trial
question was asked by Deputy Dis
trict Attorney Jones for the purpose of
proving some record but the objection
thereto was so prompt that neither the
court nor jury could determine what
it was In the record that was sought to
be proved. There was nothing what
ever allowed to get into the testimony
that could prejudice the jury.
Mr. Soule insisted, however, that the
jury understood that the District At
torney wanted to prove former con-
viction, and added that any blockhead
or lunkhead would know what the Dis
tTict Attorney meant.
=,
declaration was entirely too broad, be-
cause 1T was not true. The offer to in
troduce a certain record was denied 50
promptly that no one could know what
the record contained He did not, and
he did not believe the jurors under
stood it. unless they We're mind read
erS.
| Mr.. Soule then referred to the Horace
| Black and other cases in which new
| trials We're granted because the prose
cution had introduced testimony out
] side the facts in the charges involved.
Assistant District Attorney Jones re-
| piled at length to defendants counsel.
The major part of the affidavit, he said,
might we'll go unanswered, but he did
| propose to answer that portion of it
| which alleged that Munger had left
There were some other things that de-
served being answered, and it would
be done by counter -affidavits.
Mr.. Jones then read an affidavit by
Juror Carl Munger in which he Mum
ger) admitted that some of the eX-
pressions referred to in the Mccoy
Cook affidavit were used by him, but
others were denied. He did say in a
nd
knew it was said in a joke-that he
made a sneak on the Sheriff and got
outside and filled up, but that it was
not true
Affidavits sworn to by Sheriff F. T.
Johnson and Deputy Sheriff Kelly
We're also read. in which these officers
positively denied that Munger had alb
sented himself from the jury-room fur
ther than to step into the toilet room
in the hallway. and that no one spoke
to him at that time.
/ Arguments then followed at consid-
erable length on both sides, at the
conclusion of which Judge Hart sum-
med up the case. He said the only
point before the Court was as to
whether or not the prosecution had i'm
properly influenced the jury by the at
tempt to introduce a certain record.
He repeated that this could not have
been done for the reasons before stated,
| and explained just what took place
| during the trial in reference to that
| matter.
The Court concluded by saying he
could find no ground on which to grant
the motion for a new trial. The case
had been ably and carefully tried, and
the defendants rights at no time were
infringed on. The motion would be de-
| MED
Vantine was then told to stand up.
and was asked if he had anything to
| say why judgment should not be pro-
| nounced against him. He replied that
| he had not
THE SENTENCE.
Judge Hart then entered upon a re-
| view of the defendants career. in a
general way, and administered a most
scathing rebuke to him, concluding in
| these words:
Il regret very much to have this de-
fendant standing here before me- as he
does, convicted of SO serious an in
| traction of the law. / would a great
deal rather, SO far as my personal feel
ings are concerned, that he had been
| acquitted or / would $50 far as nv
personal feelings are concernedD have
| preferred that he had been tried be-
lore some other Judge, because know
ms father, than whom, perhaps, there
| Is not a better or more exemplary citi-
zen in this whole county--a man who
stands respected, and who has. to as
large degree as any other person in
this county, the confidence of his fell
| low citizens with whom he has been
associated for many years
! i deprecate this situation also be-
| cause this young man was born and
reared in Sacramento County, and is a
! man whom l have known to some ex-
| tent for number of years. But (ad-
dressing the defendan) you have not
| borne a good record; you have not fol-
| lowed the precepts of your parents; you
nave not availed yourself of the op-