The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1907-04-20


was still On trial. When the testimony
OF DIR. w. L. Samuels. q medical expert
for the defense, was finished the de-
Tense rested. Nothing further in the
testimony Of the doctor was elected
than appeared in our last issue.
The prosecution then called in re
buttal Thomas Rosselli, Joseph Ford
DIR. Burnett and Peter Repetto. after
which the prosecution rested.
The Court then took q brief recess tc
look over the instructions submitted to
him by counsel.
When Court reconvened Mr.. Mae
stretti opened his argument for the
prosecution. He was followed by Mr.
Dennis, who made the argument for the
defense, at the conclusion of which 9
recess was taken until 2 p. m.
At the evening session Mr.. Maestrett
made the closing argument for the
prosecution, at the conclusion of which
Judge Breen read the instructions oil
the Court to the jury, aud they retired
for deliberation.
Jury Finds a Verdict
Saturday morning at 8 O'Clock the
jury sent for the Judge, announcing
that they had arrived at a verdict.
Shortly after, the defendant being
brought into court, and the attorneys
in the case and court officials being
present, as well as a large audience,
Judge Breen called the court to order.
The Court inquired of the jury il
they had arrived at a verdict. Foreman
Daniel Nostrosa replied that they had
The verdict was then read by the Clerk.
which found the defendant guilty OF
murder in the second degree. The
time for sentencing the defendant was
set by the Court for Monday at Q p. m.
When Martin Bronco appeared in
Court on Monday afternoon for sen
tence, his attorney, H. X. Mitchell,
asked that the time for passing sen
tence be postponed until the following
day at 3 p. m, for the reason that he
had not received the transcript of the
evidence and was in consequence I'M.
able to proceed with a motion he in
tended to make. The Court granted
the request.
Tuesday the defendant again ap'
peared in court for sentence. and al
exceptionally large audiece was in at
tendance. showing the extent of public
interest taken in the case.
The motion made by counsel for the
defendant for an arrest Of judgmen,
was denied. A strong plea for clemency
was made by defendants counsel on
the ground hat the evidence adduced
at the trial failed to show that the
defendant had ever had any trouble
with Chris Jorimau, or, in fact. had
any acquaintance with the deceased
and respectfully asked the Court in
passing sentence that these matters bt
taken into consideration on the ground
of mercy tempered with justice.
Counsel for the prosecution in making
his plea for severity in passing sentences
upon the defendant, urged upon the
Court the fact that as a general rule
prisoner sentenced for q term Of year
served only one-third Of his term, the
Board of Pardons remitting the rest.
The Court in reply said 1t could moi
take cognizance of. nor be guided by
what the Board of Pardons could OF
might do in the performance of i'll
duties; that this Court had all it coult
do in attending to it's W duties with
out interfering with others.
Judge Brsen Pronouncss Sentence
Under the law it is now the duty Of
the Court to pronounce judgment upoi
tn, verdict of the jury finding yor
guilty of the crime of murder in thu
second degree.
Your counsel has asked for clemency
and given his reasons therefor. A yer
dict of the kind found against yoI
rarely justifies clemency as that wore
is understood by counsel. as the penalt,
affixed by law is the eecond highest il
the power of a Court to infict. 1t cal
not be less than 10 years in the Stat
Prison, and it may extend to imprison
ment for life. You have had a fail
and impartial trial; You have beer
ably defended, and yet a jury of /.
good men have said on their oaths tina
you took the life Of an innocent mar
without any cause or provocation.
A careful following of the evidenc'
satisfies me that the only question il
the minds Of the jury. which saved yoI
from the gallows, was as to whethel
you intended the murder of poor Jori
man, or one of the Repettos. Yol
testified to lever having had any trouble
with, or knowing the deceased Joriman
and such perhaps was the case, bu
you did have trouble and some fisti
cuffs with Peter Repetto within a shor
time of the homicide. Repetto in ap
pearance somewhat resembled Joriman
and hence the possible mistake which
alone in my opinion saved you from tn
penalty Of death. But. admitting tn
mistake for the sake Of discussion. tina
fact, it it be a fact, will not bring bacl
to life the victim Of your murderou
gun: not can it be Of much comfort o