Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1906-05-26
]. II. HENNESSEY
GIVEN SENTENCE
He Was Given Five Years and Nine
Months in State Prison.

John H. Hennessey who was found
guilty of manslaughter by a jury in the
District Court appeared for sentence
before Judge Breen last Saturday. The
defendants attorney, j. p. O'Brien,
moved for a new trial on various
grounds, principal among which were:
Errors of law occurring at the trial and
excepted to by the defendant; that the
Court misdirected the jury in matters
of law; that the verdict was contrary
to law and also to the evidence; that
n of the jurors, S~tenson, had formed
a fixed opinion and the challenge on the
ground Of implied bias was denied by
the Court.
Judge Breen denied the motion for a
new trial, arraigned the defendant for
sentence and imposed upon him a pen
atty Of FIVE years and nine months ! N the
penitentiary.
The jury in finding Hennessey guilty
of manslaughter, had recommended to
the Court that the defendant be given
the minimum penalty prescribedb by law,
and in this connection Judge Breen ex-
pressed himself very forcibly. He said
crime in this locality seems to be in
creasing at an alarming rate and it is
high time that something should be
done to suppress it; that the people are
to blame in a great measure for being
too easy with law-breakers with the re-
suit that crime is encouraged.
Judge Breen said elm tins case for
s best known to themselves, the
jury, with their verdict of guilty of
manslaughter, requested the Court to
be lenient to the defendant.
at is the province of a jury under
the law to determine by verdict the
guilt or innocence of n charged with
crime; it is the duty of the Court to
pronounce Judgment. The Court, how
ever, shall keep in mind the recommen-
dation to ~leniency in this case.
"a careful review of the evidence inn
pels the Court to say, that a little more
consideration on the part of the de-
PENDANT for human life, would have en-
abled him to avoid the dreadful tragedy
at Clifford, in which one man lost his
life and another was severely wounded.
"The evidence clearly shows Ganah
to have been shot in the back. 1t is
difficult for me to understand how de.
PENDANTS life or limb could have beer
in danger from a mar whose back wal
turned to him and who was without
arms at the moment the fatal shot wa
fired.
1.-THE jury, however, seems to hav'
seen some extenuating circumstance
in the tragedy and instead of the high
est found a verdict for the lesser Of
fence charged in the indictment.
I'm every well governed community
the protection and preservation of hu
man life is the first of all objects witt
those entrusted with the enforcement
of the laws.
"Within the past four of five month
our hitherto comparatively peaceful
county has unfortunately become tn
scene of many tragedies. 1t is unneces
sary to even hint that this bad worl
must be ended, not only for the sake o
life, but for the encouragement of en-
terprise from within and without.
"The law provides but one way 70
the prevention of crime, and that on
consists in the strict enforcement of tn
penalties which should be melted out
evil-doers. But it takes more than
Court to make the penallaws ~eficacious
without the aid of a jury the Court is a
helpless as a child. All | ask is tha
the law-abiding citizens of the con
munity when called as jurors will d
their part toward the enforcement @
the law, and | shall do the rest. | wi
make the taking of human life, an
other crimes, a passtime to be followe
by dire consequences to the guilty"