Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1903-03-12
GIVEN DENoUNcEs LEvIcH.
In Sentencing Walker, the Judge Says
Levich IL Guilty.

Levlcn 10 Cutlty.
Des Moines, March 5.--John Walk
er, indicted on the charge of murder
ing Isaac finkelstein on the night OF
August 5, 1902, tried on that indict.
ment but convicted of manslaughter,
WIS yesterday sentenced to Fort Mad
ison at hard labor for period OF
eight years., the extreme penalty for
manslaughter. A motion in arrest of
judgment and for a new trial was ar.
gued almost the entire forenoon,
counsel for the defense claiming err
rors on the part of the court and that
the verdict was not in accordance
with the instructions. Judge Given
overruled both motions and admit
istered judgment.
In pronouncing sentence Judge Civ.
en- created a profound sensation by
his reference to Harry Levich, tried
on the same charge in November and
acquitted. The judge said, in part:
II need only add to what | have
said that the jury have in effect found
that Harry Levich, being in enmity
with Isaac Finkelstein, yet too cow
ardly to make the assault himself as
he seems to have desired, he procur.
ed you to make that assault for him.
What the inducement was must BE-
left to him. That assault was made
murderously, remorselessly and very
wickedly by whoever made it. Having
so found, / must confess again that
it is difficult to see at first glance why
they did not find you guilty of murder
in the first degree. IL you did the
killing you did it by lying in wait,
you did it with malice aforethought,
and that was murder in the first de-
gree. The deadly weapon you used,
the time and place 1t was procured
and the manner of the assault tends
strongly to show that the killing was
willful, deliberate, premeditated and
with malice aforethought and that Is
murder in the first degree. The jury
seem to have concluded and not as l
have already said in ruling upon your
motion without reason for the conclu-
sion, that neither you nor Levich in
tended the taking of the life Of Fink
elstein, but only that he should be
Inundated by being beaten and in
jured.
LAS I have said, it is a conclusion
somewhat difficult to reach in the
presence of the weapon that / have
no doubt was used and the character
of the assault, but this is the province
of the jury. If they reached that con.
clusion l am bound by it. Again as
in every instance of pronouncing judg-
ment arising upon circumstantial evi.
dence the court would gladly know
the very fact. But John Walker |
must accept the finding of this jury
as to the fact that induced by Harry
Levich so to do; that you assaulted and
beat and killed Isaac Finkelstein, that
you did it only intending to injure, not
to kill, and therefore you are guilty
of manslaughter, a most aggravated
case of manslaughter. The judgment
of the court is that you be confined in
the penitentiary at Fort Madison for
eight years"
AS a result of the Walker convic-
ton and sentence and Judge Given's
scoring arraigrment Of Levich it Is
highly probable that the present grand
jury will commence another investi.
CATION and that another indictment
may be returned against Levich. He
cannot be tried for the Finkelsteih
murder again, his life once having
been put in jeopardy for that crime
already, but the prosecutors are un-
derstood to be working on the matter
and considering the advisability of re-
turning an indictment for conspiracy
to murder or even for some more seri
Gus offenSe