The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-02-02
SENTENCED FOR MS LIFE.
Judge johnson Thinks It Will be
Better for Discipline at
Folsom.

Judge Johnson yesterday passed sem
tence on Jacob Oppenheimer. the Fol-
som convict who. while serving a fifty
year sentence at that prison for rob-
berry. murdered fellow convict named
Charles Ross.
In sentencing him. Judge Johnson
said: !.
THE District Attorney of Sacramento
County heretofore filed an information
against you for the crime of murder.
to which you interposed a plea of not
guilty. After trial by jury of your
peers, you were found guilty of muir
der in the second degree. Have you
any reason to urge why the sentence OF
the court should not now be pro-
nounced upon your"
Attorney Brown, for the prisoner,
stated that he had no reason to adj
vance, but as Oppenheimer's lungs were
not good and he would not live very
long, he wished to stay at Folsom
The court said to Oppenheimer:
'.Stand up. You have, as I stated few
moments ago, been tried by a jury of
your countrymen. You have been well
and ably defended. Your counsel have
shown consummate skill and ability in
the conduct of your defense, and I
think that you have been exceedingly
fortunate in securing the verdict at
the hands of the jurya which you have
secured.
II have thought of your case since
the verdict has been rendered, and I
thought of it during the time of the
trial. All the mercy that should be
extended to you was extended when
fha mrs ar,6 In iof IF
in the lesser degree. To my mind, the
testimony justified verdict Of the
higher degree, without any extenuating
circumstances. From the evidence that
was adduced before the court and jury,
it appears to me that your crime had
all the elements of murder in it-first,
it had malice; it showed deliberation
and generalization; it showed an aban-
doned and malignant heart
II am quite assured, in my mind,
that there was a conspiracy between
you and the witness Holland, for some
real or fancied cause you may have
had against the deceased Charles Ross,
to provoke an alteration I believe the
alteration was expected on your part,
and that you were prepared for it.
believe that Holland was there, ready
to render any assistance that might
have been necessary. I think you
armed yourself with the intention of
killing Ross on the first opportunity,
and I think this opportunity was the
one selected by YOU. I can see no rea-
son why you should not receive the full
pena ty of the law under the circum-
stances Your counsel has just made
the statement which, had I known a
few moments ago, I perhaps might
have changed my Judgment somewhat
as to the place of your Imprisonment,
but I am satisfied that for the good
of discipline in the State Prison at Fol-
som that you should be segregated from
your associates there; that it will be
better for you to go to some other
place than Folsom, where you would
meet with your associates.
You seem to be running in gangs
there; it will be better to break them
up and to reduce them. and for that
reason I believe it to be my duty to
send you to the other prison. I am
sorry; you have several years of life
before you. and you ought to make the
best of the circumstances. Of course,
life is but a hopeless thing. whatever
is in store for you, but I do not see
that 1 can accede to the request on
account of the injustice to discipline.
1t would be better for you and Holland
to be separated. I think as long as
you and Holland are together, you are
liable to concoct plans detrimental to
the discipline of the prison.
THE judgment of the court is that
YOU be imprisoned in the State Prison
at San Quentin for the period of your
natural life"
AS Oppenheimer was leaving the
courtroom in company of a Deputy
Sheriff he turned to the Judge and
said: johnson, hope you will live as
long as I will"