Gilpin observer., 1910-01-20
GETS JAIL SENTENCE.
Pete Donati Will Not Go to
the Penitentiary for Shoot
ing Sisto Branz.

District court adjourned Saturday
until April 11th and the jury was dis
missed for the term.
The case of the People vs.. Peter
Donati, who shot Sisto Branz in Per-
igo few weeks ago was concluded
Friday morning, when the jury, which
had been out all night, found the de-
fendant guilty on charge that prac-
tically meant his acquittal. There
were four counts to govern their ver-
dict and they found him guilty on the
The first count was assault with in
tent to kill. When the first ballot
was taken the vote stood two for
and ten against conviction on the
first count. The jury didn't want to
find the man guilty on the first
count for fear he would get too long
a term in the penitentiary. In arriv-
ing at a decision they were at loss
to know what the penalty was on the
various charges and inquired Of the
court who informed them that that
was for the court to decide and was
not for the jury to know. The penalty
for assault to do bodily injury is not
a severe one, at least, it did not
prove such in Donati's case. He was
sentenced to three months in the
county Jail and fine of $1,000 was
imposed. Donati has no money and as
the court could not sentence him to
the penitentiary under the findings
Of the jury, doubtless thought it best
to give him light Jail sentence to
save the taxpayers the expense of
his keep. The court ordered that upon
the. expiration Of the Jail sentence
fine would be collected.
Much adverse criticism was heard
to the verdict of the jury. From the
facts in the case it seemed certain
that the defendant would get term
in the penitentiary. He surely merit
ed a penalty more severe than the
court was in a position, under the
verdict Of the jury, to give him.
Attorney Brooks Fullerton, who
was appointed by the court to defend
the prisoner. put up very able de-
fense and was as conscientious in
protecting his client as though he
were to receive a handsome fee. His
plea was that the man being in an
intoxicated condition was not cap
able of forming in his mind a desire
to kill. in short, was not responsible
for his acts on the night he shot
Branz, and consequently not being in
possession Of his proper mental facul-
ties was not guilty of assault with in
tent to kill. His talk to the jury evil
IDENTIFY convinced the men that he had
raised a good point, as under the cir
cumstances Mr.. Fullerton could hard
ly expect more leniency than was
shown by the jury. Had Harry Thaw
engaged Mr.. Fullerton to defend him
in his first trial for the killing Of
Stanford White, and had the attor-
ney offered the strong defense he
made in the Donau case. Thaw would
have been acquitted, would now be
enjoying his liberty to the full extent,
and Mr.. Fullerton would be recogniz-
ed as a criminal lawyer Of national
note.
The damage suit Of John C. Jen-
kins VS.. the Colorado & Southern
railway was set over until the ad-
journed session, owing to the death
of Mr.. Jenkins brother.
Saturday. the order made by the
court on January 5th that the COM
plaint In the suit Of Geo. W. Forman
VS.. the City Of Central be made more
specific was set aside and the motion
to strike was denied. The defense
was given 40 days in which to plead.
The decree in the War Dance case.
conforming with the decision made by
the court on January 5th, was signed.
This decree gives the lessees posses
sion OF the mine under their lease
and option.