Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1903-03-06
olvsN pENovNcss LsvlcA.
In Sentencing Walker, the Judge saya
Lsvich 10 Guilty.


Lsvlch 10 Guilty.
Des Moines. March John Walk
er, indicted on the charge Of murder
ing Isaac finkelstein ON the night o
August 5, 1902, tried ON that indict
ment but convicted Of manslaughter
was yesterday sentenced to Fort Mad
ison at hard labor for period o
eight years, the extreme penalty fol
granddaughter. A motion in arrest O
judgment and for o new trial was ar
gued almost the .entire forenoon
counsel for the defense claiming er
rors on the part of the court and thai
the verdict was not In accordance
with the instructions. Judge GiveI
overruled both motions and admin
istered judgment
In pronouncing sentence Judge Civ
en- created profound sensation by
his reference to Harry Levich, triet
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 fount
that Harry Levich, being in enmitJ
with Isaac Finkelstein, yet too COW
| ardly to make the assault himself, al
| he seems to have desired, he procur
| ed you to make that assault for him
| What the inducement was must b.
left to him. That assault was made
murderously, remorselessly and very
wickedly by whoever made 1t. Having
SO found, I 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. If you did the
killing, you did 1t by lying in wait
you did 1t 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 ant
with malice aforethought and that Is
murder In the first degree. The jury
seem to have concluded and not as ]
dave already said in ruling upon your
motion without reason for the conclu
sion, that neither yon 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.
"As / have said, it is q conclusion
somewhat difficult to reach in the
presence of the weapon that I have
no doubt was used and, the character
of the assault, but this is the province
of the jury. It. they reached that con
clusion am bound by 1t. ., Again as
in every instance Of pronouncing judg
ment arising upon clrcumstantial evi
dence the court would gladly know
the very fact. But John Walker J
must accept the finding of this jury
as to the fact that induced by Harry
Levich so to do; that you assaulted ant
beat and Killed Isaac Finkelstein, that
you did it only intending to injure, not
to kill, and therefore you are guilty
Of manslaughter, most aggravated
case of manslaughter. The judgment
of the court is that you be confined IN
the penitentiary at Fort Madison fol
eight years"
AS result of the Walker convic'
ton and sentence and Judge Given's
scoring arraignment of Levich it l.
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 Finkelstein
murder again, his life once having
been put in jeopardy for that crime
already, but the prosecutors are I'M
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.