Amador ledger., 1905-09-22
MURDER IN FIRST DEGREE.
SWearingen to be Sentenced To-
Morrow for LanCha Plana Murder.

by entering plea OF guilty TO Che
charge of numbering Mrs. Phoebe A.
Williams in Lancha Plana on the
morning of June u last, was called
before the superior court on Tues
day morning, for the taking of testi-
mony to show mitigating circum
stances, If any. and to enable. the
court to fix the grade of the murder.
The case was postponed from Mon
day to Tuesday, and the court room
was not filled to the extent 1t would
have been had the time of the hear
ing been generally known. AS it was
the body of the court room was we'll
filed. Inside the railing we're besides
the district attorney for the prosecu-
tion, and D. B. Spagnoli, the attor-
neY for defendant appointed by the
court, W. L. Jacobs of Stockton, at
torney for Clarence Murphy who is
also charged with Lancha Plana MUIR
ders. Miss McSorley of San Andreas
was official reporter. Two newspap-
er reporters from the outside were TAX
ing notes, one represented the Bulle-
tin, OF San Francisco and the other a
lady reporter from Stockton, who
took down the proceedings yer rbatim
for the attorney of Clarence Murphy.
There has been much interest taken
in this matter, not only because of
the atrocious nature of the Lancha
PIana murder, but also because of the
unusual spectacle of a plea of guilty
being insisted upon in such case,
and the court passing judgement on
plea of guilty in capital crime. 1t
is doubtful if similar case has oc-
CURED in the state. Under the law
the court has no alternative but
to pronounce the death penalty for
murder of the first degree. A jury
may in its discretion fix the punish
ment at Imprisonment for life, but
the court has no such discretionary
power. 1t is this aspect of the Swear
ingen case that imparts to it such
peculiar significance.
G. L. Culbert was the first county
clerk witness called. He was present
in the district attorneys Office on
the 9TH day of July last and heard a
statement by defendant in relation to
the murder of Phoebe A. Williams.
Those present beside himself were
district attorney, Vicini. sheriff
Norman, deputy sheriff Kay and de
fendant. No inducements were offered
at that time, or any other time that
he knew of, to the defendant to get him
to make a confession. He made the
statement freely and voluntarily.
He said on that occasion that he was
at the residence of Mrs. Williams in
Lancha PIana early on the morning cf
June II. Went there with Clarence
Murphy. Got there shortly after mid
night of the 18th. He did not enter
the house himself, but stood under a
tree in the yard, as watcher, with
pistol in hand. The pistol he got
from Murphy. Murphy went into
the house. He could see through the
window partly what was occurring in
side, as a lantern was lighted. Saw
Clarence Murphy leading Mrs. Will
Jams about the house. A length heard
woman's cry, and all was still.
Murphy came outside and defendant
said "Did you get any thing" Muir
ply relied, No, but no one is left
to tell any tales. Defendant sad the
object in going to the Williams home
stead was robbery. Defendant spoke
freely on the occasion, not under
duress, and made slight corrections.
In reply to question by the court,
witness heard defendant state that
robbery was the motive IN going there
that night.
Attorney Spagnoli, defendants
counsel. asked when they entered in
to a conspiracy to rob the place.
The court disallowed it, and said the
inquiry would be confined strictly to
the matter of showing facts so as to
enable the court to fix the grade of
crime. Would not hear anything a.
bout the Maker murder, as another
man was awaiting trial, and for that
reason it was desired to confine the
inquiry within as narrow limits as
possible.
L. *. Norman, sheriff, testified sub
stantially to the same effect. Never
made defendant anv promises what
ever to get him to confess. Defend
ant said he saw through the window
Murphy leading the woman from one
room to the other; went to the side
room on the north of the residence,
and thence to small room on the
south. Defendant had made several
statements before he brought him to
Jail. Don't know what led him to
make the statement.
The court did not want to go into
other statements, as defendant had
pleaded guilty.
This was all the evidence for the
people.
d. B. Spagnoli asked to call the
defendant. The court inquired why,
and counsel replied to know if any
promises had been offered him.
Samuel Swearingen then took the
stand. He said he became acquainted
with Mnrnhv last Mintar at the Mnr-