The record-union., 1899-04-02
TEN YEARS FOR MOSHER.
JUDGE HUGHES SENTENCED
HIM TO FOLSOM.
Said the Evidence Was Clear That
He Had Participated in
Drugging Posten.

J. H. Mosher appeared before Judge
Hughes yesterday for sentence, having
been convicted of completely in the rob-
berry of a, man named Posten in the
Real Thing saloon, of which he was
0ne of the proprietors. He was SEN
fenced to Folsom State Prison for ten
years. His partner, Holmes, who was
convicted of robbing Posten after he
was drugged, was also sentenced a
short time ago to ten years at San
Quentin. He has appealed his case,
and it was stated yesterday that Mosh-
er would also appeal.
In sentencing him, Judge Hughes
spoke as follows:
There is no more unpleasant duty
than that which I am called upon at
this moment to perform; yet in the per-
formance of that duty l feel that it is
proper at this time to say to you that
you have had, in the opinion of the
court. perfectly fair trial You GER
tainly have had an able defense. At
the first trial of your case it seemed to
the court impossible that anything
other than verdict of guilty could
be rendered, and by what power of logic
your counsel succeeded in convincing
six jurors that you were not guilty I
must say l am unable to, understand.
Your counsel has ably defended you,
but the facts in your case, as they were
presented to the jury, seemed to the
court to be so clear and so convincing
that no verdict, other than the one
which was rendered could be properly
reached.
II have, so far as possible, endeav-
ored to ascertain your record in the
past and my efforts in that direction
have convinced me that your life in the
past has been cast along the same lines
that it has been cast in Sacramento.
This is not your first trouble of this
kind; you had trouble of the same sort
in Los Angeles. The testimony in this
case convinces me that you aided and
abetted Holmes in the commission OF
this offense. Under the evidence, 1t
was impossible for the drugged drink
to have been prepared and placed in
the hands of the prosecuting witness by
any one other than yourself. You must
have done it. Holmes was not out OF
the room during the time which inter
vened between the exhibition of the
money by the prosecuting witness and
the delivery to him of the drugged
drink, and you must have prepared It,
The testimony shows that signs were
made to you which you evidently under
stood and acted upon; and, therefore,
while under the testimony l do not
think that you participated in the
actual taking of the money from the
person of the prosecuting witness, l am
satisfied that you abetted, by preparing
the drink and bringing it in to the VIC
tim. and that your co-confederate did
take the money from the prosecuting
witness. 1 am satisfied that you are
guilty, and in the exercise of that DIS
cretion which the law vests IN the
Judge who presides at a trial Of this
kind of pronouncing judgment and
sentence upon you, I believe that 1t is
my duty to give you as much as the
law will authorize under the convlctlon
which has been obtained in this case.
ut is therefore the judgment ana
sentence of the court that you be con-
fined in the State Prison at Folsom Tor
the term of ten years.