Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1907-09-24
MRS. ruth DAVIS
IS SENTENCED
WILL SERVE ONE YEAR IN THE
PENITENTIARY FOR MAN.
SLAUGHTER.

Suiity Vi HldHSlduBnteT IOr tue MUIR |
der of her husband, George Devil
Davis. was yesterday sentenced by
Judge ]. P. O'Brien to serve one year
in the state penitentiary. She will
be taken to Carson City this morn
ing under the charge of Sheriff
Owens. Mrs. Davis exhibited no
emotion when sentence was pro-
nounced upon her and at the end
quietly remarked to Judge O'Brien,
Thank you, judge"
In pronouncing sentence Judge
tOBrien said:
Punishment for crime is imposed
for the purpose of indicating the
outraged dignity of the law, and also
for the purpose of bringing the
wrong-doer to realization of the fact
that he or, she has done wrong, and
also as an example and warning to
others lest they also should commit
crime. Every crime does not de-
serve the same punishment, nor does
every homicide merit the same kind
OF measure of punishment. The Leg
islature has in nearly all cases, ex-
cept murder Of the first degree, fixed
the minimum and maximum term of
| Imprisonment and within these limi-
tations the trial court is left to inn
pose such sentence and Judgment as
it deems proper. This discretion,
however, should be exercised so as to
subserve the ends of justice and to
impose such judgment. as will ade-
quatley fit the particular crime. In
this case, the defendant has taken
| the life of a human being, that of her
husband. without any JUSTIFICATION or
cause whatever.
THE evidence shows that the de-
ceased was bad and worthless man,
but the evidence also shows that the
!, defendant herself is a moral degen-
crate and a licentious libel upon her
sex. If her husband abused her and
heaped obloquy upon her this did
not warrant her in taking his life;
she could have left him or applied tC
1.-THE court to dissolve the bonds that
bound her to him. She did not dc
this, but rather acquiesced in his
mistreatment of her. She was not il
tany sense justified in taking the law
in her own hands and of becoming
Judge, jury and executioner. The
!, crime of murder is the highest an(
igravest offense known to the law
eIIt is divided into different degrees
! according to the presence or absence
: of certain essential features. 1t il
for the jury to determine and fix thu
: degree.
$ In this case the jury has foun'
the defendant guilty of manslaugh
e ter, which is the lowest offense in
cluded in the indictment. The
!, have also recommended the defend
ant to extreme clemency and peti
: toned the court to impose upon he
VI the minimum punishment. Will
the court is not bound by the recon
d mendation of the jury, still L do no
ri feel justified in entirely disregard
G ing the recommendation of the jury
e l am satisfied that no verdict what
ever would have been reached in thi
d case If it were not for the confidenc
q which the jury had in the court tina
: their recommendation would be OF
IS served and needed. Another diss
e greement in this case would hav
been a gross miscarriage of justice
I'll regret very much that the jur
d found it necessary to make this reC
+. ommendation, and hereafter l hop
i that juries will bring in their vel
n diets and leave the court free and Ill
trammeled to impose such judgmer
e as it deems commensurate with tn
IS exigencies of each particular cas-
l. For these reasons | feel morall
e bound to observe the recommend;
e ton made by the jury in this parti'
ular case, although / feel the recon
,r mendation was hardly warranted /
l. the facts and circumstances and til
< evidence in the case