Arizona republican., 1901-11-05
THE COURTS DEGREE.
Sentence Passed Upon John
 RubenStein
Judge Street Briefly Gave Out Some Clear and Interesting Views on the Subject of Insanity.

Judge Street yesterday sentenced John Rubenstein to the penitentiary for life The jury which convicted him had already done that. but it was nee essary that the formal judgment of the court should be passed upon him. That judgment Is something which every citizen should read in order to more properly fit him for one of the highest duties of American citizenship, service on a jury.
 The only defense offered in the case of Rubenstein was that he was insane. everybody who knew him agreed that he was not right" and many thought that he was irresponsible and that he had been so for many years.
 The sentence was delivered in Ian guage which anyone could understand. The court recalled that the only excuse the defense had to offer was that the prisoner was insane, and some of the witnesses said they believed that the prisoner was mentally unbalanced. but the most that they could say was that he was a man of peculiarities, had habit of talking to himself. etc. But" said the court, the jury did not under stand that you were insane nor did so understand. They behaved very leniently toward you, for many another jury would have sent you to the gal lows. I think you knew all about the crime that you committed at the time you committed it and I think you know all about it now. You perhaps had no murderous purpose in your heart on the morning you started from Phoenix to Scottsdale and you may not have contemplated murder when you first met the men whom you killed. You may be half crazy. a semi-maniac. but you are responsible for your condition: yo,. have for years given way to a ten dency to homicide; you have allowed your passions to control you and have stood upon the streets cursing those against whom you had grievances. You have been preparing yourself for the crime of which you have been COZ victed.'
 The court then went on to say that when Rubenstein met the Indian. Pedro Johnson, and shot and killed him with out provocation it seemed to him to be so much fun to have taken a human fife that he was anxious to add another murder. The first had been done so easily and no immediately painful con sequences to the murderer had ensued.
 But for the condition into which you had wrought yourself by your manner of living and thinking" continued the court. you would not have committed these murders. You would have said to yourself when you met your victims These men have as much right to live as l have: they have as much right 10 this roao as I have and you would have pursued your way like any law abiding citizen; but you gave way :o that thirst for killing which you had long cultivated
 Judge Street then said that he cheer fully carried out the recommendation Of the jury in sentencing Rubenstein to the penitentiary for life.
 Rubenstein received the sentence without any show of emotion. Yester- day afternoon Rubenstein was in a happy mood. He was more light heart ed than he had been at any time since his arrest on last May 6. He could not be induced to talk about his sentence or prospects.
 The motion for new trial in his case was not pressed. His attorney MT. Flannigan, feared to risk his neck in the hands of another grand jury. He will be taken to Yuma in a day or two and Popcorn John, a familiar figure in Phoenix, will be seen on the streets no more.
 The trial of Juan Flores for murder was begun. Flores is a young Yaqui who killed another man of his race at q settlement seven miles south of Tempe last summer The tragedy was an in cident of a drunken debauch and the facts so far have never been brought out. The whole afternoon was exhaust ed in getting jury. Late in the day the panel was filled and one witness was examined.
 The grand jury will probably submit q report embracing some interesting features this afternoon. but it's work will not likely be concluded before the end of the week.