Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1910-03-08
Convicted Slayer in Plea to the Judge
Asks for Either Minimum or
Maximum Penalty.
Makes His First Public Statement to Bonanza
Reporter Yesterday Afenoon---
Will Try to be ParoIed.

crlt1clSlng the members who sat
on that jury on account of bal
lot whichN> they cast in the first in
stance. You honor well knows
that in the first instance in casting
a ballot in the juryroom some mem
| bers may vote for acquittal; not
that they believe in acquittal, but
for the purpose of arriving at
compromise verdict which they do
| believe to be the correct one, and
[ think it is not the duty of any
citizen or of any newspaper to
criticise a man for ballot which
he cast in that jury room, and
think it is unbecoming for any citi-
zen to criticise juror after he
has brought in verdict in this
case. There are men here in this
court room today that came up
here and absolutely disqualified
themselves to SIT as jurymen in this
case, not because they had formed
or expressed an opinion, not because
they were disqualified, but because
they did not want to do jury SER
vice, and did not care to perform
their duties as citizens, and yet
they turn around and criticise GER
tain members of the jury who have
Voted according to their consciences
and according to the evidence pre-
sented. This case was tried in the
newspapers to considerable eX-
! tent, and it is practice which
condemn and on behalf of the jury
in this case / will say that it is
not right, after they have render
ed their verdict, it is not right and
it is not proper and it does not
! lie in the mouth of any outside
person who has no oath as a jury
man to criticise that verdict and
criticise an individual juror for the
manner in which he voted during
the various ballots taken"
Assistant District Attorney j. H.
Morris represented the state and
made the following, address to the
court:
MAY it please the court, I
think, perhaps, while I had not, in
| tended to make any statement to
your honor in regard to this mat.
ter, l think that in justice to. the
people of the state of Nevada, in
lieu of what has just transpired
| here in court, that it is incumbent
upon me to perhaps address youc
honor to the questions that have
been raised by the defendant and
| his counsel. | take it that fair
and impartial trial in this casas
! has been had, an indictment regu-
iarly returned and jury selected
| by the defendant in this case, ac-
cepted by him and before which
jury he expressed a willingness to
place his cause, /. take it, in the
absence of any showing to the con-
trary that the minds of the jurors
were unprejudiced and were in
fair stateN and condition so that
the evidence could be fairly ad-
judged and heard and a true and
impartial verdict returned. That
verdict has been returned. The de-
| fendant in this case, after full
presentation of all the evidence, Of
all the testimony that could be had,
was found guilty of murder in the
second degree. The law provides
the punishment and 1t is now the
duty of your honor, unfortunate az
1t may be. to pronounce that SEN
tence and this judgement upon this
defendant. do not agree with
counsel when he states the jury had
In mind a punishment less than
the maximum provided by the stat.
ute for the reason that they failed
TO find the defendant guilty of
murder In the first degree and fix
the punishment at life imprison-
ment. take II that that could be
construed no more than a desire
upon the part Of the jury after
iinding the defendant guilty tol
place the responsibility In the hands
OF this court. My heart Is not hard
ened to mercy. do not believe In
the denial Of mercy TO one who has
committed an oifense. 4 man who
commits a wrong or a crime ON an
1
(contlnued on Page 50