The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1907-08-28

house yard.
That grass looks pretty good TO
fellow that has been shut up the
way | have" he said. AMI leaned
forward still further. his eyes drink
ing in a verdant vegetation and the
bright sunlight that played outside
upon town and country. Perhaps
it was the distant sky line that re-
minded him of old Kentucky, or was
it because of the conviction that the
outside was symbolic OF world
which would no more belong to him.
At all events tear glistened in his
eye and he trembled violently as he
turned away.
Judge Steiner PASSES Sentence.
Before passing sentence upon the
prisoner, the court made the fol'
lowing statement:
Upon the plea which You have
just entered, MIR. Davis, the charge
of murder in the second degree, the
court adiudges you to be guilty OF
murder in the second degree in this
case Before imposing the sentence,
Mr.. Davis, | wish to say this to you:
! That you come to this court under
exceedingly distressing circumstan-
ees. You are practically stranger
/ in this country, without money OF
friends, and without means at all.
1T is shown here in the eveidence
that on June 7th. last, you went into
/ the saloon OF Smith & Tholin, aAd
/ inflicted mortal wound upon one
McGee, and that McGee died a day
afterwards. Now, so far as appears
in the eveidence there was absolute
ly no provocation for that act. II
seems that you shot this man dowr
without provocation and without any
diseernable cause. 1t does not ap
pear that you and McGee ever had
any differences that there was any
enmity between you Or that he Of
fered you any provocation at tha
time. Now, that can only be ex
planned upon two theories. Either
that you We're mentally irresponsi
BILE at the time, or, that you were
consumed with the desire to make
I,nI n
dangerous man.
You have offered here a plea OF
insanity. You say in defense OF
yourself that you were insane al the
time, and that you did not know
what you did. Now. | must be frank
with you and say this: That under
the testimony offered so far, | dc
not see how the jury could find thai
you We're so insane at the time as
not to be legally responsible for you,
act
Il have no doubt that you have
suffered from sickness; possibly il
has had the effect of weakening youl
mind. | concede that, and | think
the jury would concede that. Al
the same time, there is nothing in
the evidence that would convince
me. II | were a juror, that you were
SO far gone as not to know the diff.
ference between right and wrong
not to have the power sufficient tc
choose between right and wrong
and where insanity is of such a
slight nature that it does not amount
to that much, it is no excuse in Law
for the commission of crime. So
taking the case as it now stands,
do not see how the jury could find
you irresponsible and acQuit you on
the ground of insanity.
Now, then, having proceeded thai
far, the next thing for the jury q
do is to find the grade or degree
of the feionious homicide. 1t seem.
to me that the testimony Is not In
the case to f1nd you guilty of man
slaughter would be to find you guilt,
OK killing MCGEE in q sudden burs,
..of passion without adequate prov
location. There was no provocation