The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-10-25
EIGHT YEARS IN
PEN FOR GOODMAN
MOTION MADE FOR NEW TRIAL.
PRISONER RELEASED ON $4,000
BAIL AFTER SENTENCE.

Call in Some of States Witnesses
Wits Submitted by Defense-GOOd-
man Displayed no Emotion When
Sentence Was Passed.
w. C. Goodman. the slayer of Pa
trolman Zipperer, was sentenced by
Judge Cam yesterday to serve eight
years in the penitentiary in ac-
cordance with the finding of the trial
jury which said he was guilty of vol
untary manslaughter.
Goodman was taken into the Su-
perior Court room shortly before IL
o'clock in the morning. Attorneys for
the state and for the defense were
present. Goodman displayed nervous
| ness in the few moments which inter-
vened between the time he was mott
| fed that sentence was about to be
passed and the remarks of the judge
addressed to him.
After ordering the prisoner to stand
UP Judge Cam asked him if he had
anything to say why sentence should
| not be passed. Judge Adams spoke
for his client. He said:
Several AHidaVits for Defense.
IF the court will permit us, we have
an application for new trial and adj
mission to bail; we have secured aft
davits since the trial which demon
strate the correctness of the defend
ants statement, and what happened
/ i
| do before he fired. They will come up
perhaps, further on in the progress of
the case.
my remarks as to whether or not
I was certain this was the proper time
to submit these aff1davits, applied not
| to the fact of a motion for a new trial
or whether this was the proper time to
| submit these affidavits to the court.
1--WE mentioned the fact so that the
court might be advised of it. Your
honor is familiar with that section of
| the code in which it is provided that
| in all cases where the term of pun
ishment is discretionary with the court
the court shall determine that punish
ment, paying due respect to any rec
l WHICH LIE jury
| think proUer to make.
"The Supreme Court has held in
| Eighty-fourth Georgia" continued
| Judge Adams, that it is entirely
| proper for the court to call the atten-
| ton of the jury to their own power;
| in this case the jury saw fit to attach
the recommendation to the verdict, and
we submit that under the facts this is
a case for the exercise of the clemency
Al
| prepared to show that the prisoners
statement about the matter is a cor
| rect statement"
Purposes of Punishment.
In passing sentence, Judge Cam
said:
There are always two purposes in
Furnishing for offenses against the law.
| The less important is the infliction of
kuffering upon the individual. The
| thought that one has been convicted of
a crime, the consciousness of the grief
/ of his own family, and of the affection
| of others, the possible remorse for the
act itself, may be all sufficiently heavy
| punishment to the person convicted;
| but the more important purpose Of
| punishment is to deter others from the
| commission of similar offenses-the pro-
lection of the public against like
| crimes.
with the determination of your
| guilt or innocence, the court has moth
| ing to do. A fair upright and con-
| siderate jury have found you guilty
| of voluntary manslaughter. 1t be-
comes the painful duty of the court to
| impose the penalty as nearly as he can
| with fairness to you, but also with JUS
| tice to the public. You were an officer
| of the law, in uniform and upon duty.
| You were sworn to conserve the peace
/ ~ nd 70
| Officers of the law, because of their
oath, must go farther than other citi-
zens to avoid even a breach of the
| peace. The jury say you were not
| justified in what you did, but they
| recommend you to the mercy of the
court. The court, paying due heed to
that recommendation, and mindful of
the public welfare, feels constrained
to sentence you to be imprisoned in
the penitentiary for eight years"
Brother Furnishes Bail.
The prisoner exhibited little sign of
any emotion that might have assailed
him at the pronouncing of the SEN
tence. His attorneys Immediately filed
| a motion for new trial and made appli-
cation for bail, which Judge Cam
fixed at $4,000. This was promptly CIV
en- by E. L. Goodman, a brother of the
prisoner.
| III lne InOIlOH lOT new LTldl the us
ual primary reasons were cited:
that the court had erred in charging
the jury concerning voluntary man
| slaughter, that no grade of homicide
was discussed or referred to by the
state, or by the defendant in argu-
ment, the contention of the state pc
ing that the defendant was guilty of
the charge in the indictment, and
that Of the defense that it was a case
of justifable homicide; no request was
made in writing, or orally, for a
charge touching any grade of man
slaughter: the court in it's original
charge did not refer to manslaughter,
but confined 1t to the contentious
mentioned.
Contentious of Defense.
It was further cited that the court
erred in bringing the jury back into
the court room to recharge on man.
slaughter. That error was made in
admitting the testimony of Patrolman
Malphus as to the words uttered by the
deceased as he was shot.
1t was also cited that the court
erred I'm allowing the solicitor to refer
to the deceased as leaving four faith
erless children" and because the court
| did not declare a mistrial when the so
Ucitor referred to the number of faith
erlees children when there was no evil
dence to the fact.
Three affidavits were submitted by
defendants counsel, all Of whom claim
to know more or less about the case
and the action of Zipperer before he
was fred upon by Goodman.