The daily morning journal and courier., 1901-10-17
IN AND ABOUT THE COURTS
YANZ PLEADS GUILTY AND ESSEN
 FENCED TO EYE YEARS.
Did So at the Advice of His Counsel Messrs. Arvine and Goodhart-Bnrg- lars MtItOn and Mcdonald Get Heavy Prison Sentences Matters ina Common PIsns and City Courts.
PIens and City Courts.

lars Mfnton and Mcdonald Get HeaV.
 Prison sentences--N Matters ina Conn 0 l
 Pleas and City Courts.
 Yesterday morning in the superior
 court Judge Roraback sentenced George
 Yang to five years in state prison
 Shortly after court opened Yang, act
 ing on the advice of his counsel, Messrs
 E. P. Arvine and J. P. Goodhart, plead
 ed guilty to manslaughter and State
 Attorney Williams told the judge that
 he approved of a five year sentence.
 Yang was tried in the October term
 of the superior court last year, found
 guilty of murder in the second degree
 and sentenced to prison for life. Af-
 ter great deal of effort in his belief on the part of his counsel he was last
 week granted new trial The year
 which Yang has already served will
 not count as one of the five.
 Attorney Williams made brief state
 ment of the case and was Immediately followed by the attorneys for the ac-
 cused. The argument in substance was
 that Yang was in such highly excited
 state at the time of the shooting that
 he could not have been capable of con- nected thought and that deliberate in-
 tent could not have been possible. As for the two stories Yang told during his first trial the discrepancies were ex- plained by the argument that owing to his excited condition he could not deftn- itely say whether he fired the gun or whether it went off accidentally In | other words he did not know how it | was discharged.
 | Mr Arvine of counsel for Yang then i said, in reply to MT. Williams, that he did not try the case before, but he had read over the testimony very care fully and had tried to come to as unprejudced an opinion as he could He said both testimony for the state and the accused showed that Yang had never suspected that there were any improper relations between Goering and his (Yanz's) wife. That there was no cause for ill feeling up to the day of the homicide and that they had been friends and upon fairly intimate terms
 This testimony on the part of the accused both showed that Yang shot Goering when he was in a state of great excitement. There was abso- lutely no motive for the killing, so far as appeared by the evidence, except sonnet hing which Yang saw upon that day and that was sufficient to produce in his mind an excitement which led him to kill Goering.
 The testimony of the accused was that he saw his wife and Goering in an attitude which convinced him they were about to commit adultery and that the time he fired the shot, or just previous to that time, they were actu- ally committing it.
 This testimony on the part oc teh prisoner was corroborated by the fact that adultery had actually been com mitted as was testified to by medical experts and others.
 "We have, then, three things" said MT. Arvine. First, the man was kill ed by the prisoner, with whom he had been formerly on friendly terms, so that up to that date there was absence of motive.
 Second, we have the fact that he was excited at the time. He ran home immediately and got his gun and loaded it.
 Third that there is the corrobora- tion that adultery was actually com m:tted."
 MT. Arvine further said that MT. Williams had quoted the prisoner as having said that the gun went off by | accident The prisoner did not say that in the former trial, but said he ,of bat no frad t6a | gun or not. His condition of mind was such that he could not tell.
 Judge Roraback said he would &C., cept the opinions of the counsel which he understood were acquiesced in by all and would find Yang guilty of man. slaughter He then sentenced him to state prison for five years.
 BURGLARS HEAVY SENTENCES.
 Judge Roraback in the superior court yesterday morning imposed heavy sen tences upon Daniel Mcdonald and James Minton, the two convicted bur- glars. Attorney Kugel, counsel for the accused, made a plea for clemency, in Minton's case on the grounds that he had aided in the re- ,overy of vast quantity of plunder.
 Mcdonald was sentenced first Judge Roraback told the accused that he was confident he was a bad man. There s one fact which has not been suff1- 'iently dwelt upon," said the judge and that is that you had a dangerous when captured. It is evident hat you would have used this If the necessity arose." Mcdonald was then to twelve years in state prison on the first count and two years 7 n the second count. ( James Minton was given eight years n the first count and two years on the 1 econd. l The two men heard the sentences without displaying the slightest feel ng.