The star. (Reynoldsville, Pa.) 1892-1946, 1901-12-04
NEW TRIAL REFUSED.
Ernest r. Groves Gets Five Years and Six
Months in the Penitentiary.

Ernest r. Groves, who was tried at
the last term of Jefferson county court
for the crime OF numbering his father,
and who was found guilty of voluntary
manslaughter by the jury, was sentenced
last Thursday by Judge John w. Reed
to term OF FIVE years and six months
In the Western Penitentiary. He was
taken to the penltentiary yesterday by
Deputy Sheriff Chestnut. An applica-
tion had been made for new trial. but
after hearing the argsments for new
trial, Judge Reed refused to grant It.
Below we publish In full what Judge
Reed said to Ernest Groves in open
court before pronouncing his sentence;
BY the Court:-Ernest X. Groves
stand up. What have you to say, II
anything, why the sentence of the law
should not be passed upon you?
After long and exhaustive trial. in
which your every right was jealously
guarded by able and learned counsel
the jury has found you guilty of volun-
bui bBbi int btiui hil
reasonable doubts were resolved in your
favor by the court, and | am satisfied
they were so resolved by the jury. The
Commonwealth offered to prove certain
statements made by your father, after he
had been carried into the house, which
strongly tended to corroborate the
theory that you struck your father on
| the shed roof. These statements. made
| by your father were excluded from the
consideration Of the jury because the
| court was not satisfied they were made
IN view Of approaching death, or in a
conscious condition OF mind that death
was inevitable. Possibly they were ad-
missible as a part of the res gestae, but
you were given the benefit Of the doubt
and they were excluded The same
may be said Of every doubtful ques-
tion relative to the admission OF evil
dence upon the trial OF the cause.
| In the determination OF the case by
the jury, they gave you the benefit of
every reasonable doubt regarding the
degree of the crime committed, and
found you guilty OF the lowest grade of
crime covered by the indictment exhib-
tied against you.
The facts and circumstances In evil
dence impress the mind with an abiding
conviction that you were in some way
instrumental In causing the death OF
your father. They evidently so i'm
pressed the jury, and the court confess
es to the same impression. The reason
able doubt In the case pertains rather
to the degree Of guilt than that no
guilt at all exists. II you are an entire
ly innocent man, and have been made
the victim of fortuitous state OF facts
and circumstances portending guilt, 1t
is unfortunate indeed, and in that event
| cannot believe otherwise than that
tie Judge of judges will eventually
overrule it all for your good II you will
but trust Him. II you are guilty, then
/ am persuaded that the punishment
which the law imposes will be the least
that you will suffer by reason OF your
offense.
1t Is with sorrow and regret that
pronounce upon you the sentence OF the
law, and in doing so / am inclined to
give you the benefit OF every extenuat-
ing fact and circumstances disclosed
upon trial OF the case. To pass upon
you, however, light or trivial sem
tence would be to nullify the verdict OF
the jury and to bring the administration
OF justice into disrepute. II innocent
you should go free, II guilty, as deter
mined by the verdict OF the jury, the
sentence should in some measure at
least be commensurate with the offense
committed. | deem the sentence which
/ am about to pass an extremely merci-
full one.
And now, November 2Sth, 1901, the
court sentences the defendant, Ernest
II. Groves, to pay fine of one dollar to
the Commonwealth, pay the costs of
prosecution, and undergo an imprison-
ment by separate or solitary confine-
ment at labor in the Western Peniten-
tiary, Of Pennsylvania, Situated in the
city and county of Allegheny for and
during the period OF five years and six
months, there to be kept, clothed, fed
and treated as the law directs, and stand
committed until this sentence is COM
piled with. JOHN w. REED,
President Judge.
Leave your order with Miss Emily