The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1920-05-15
Dramatic Appeal Of Murdered
Mans Father Which Saved Mrs. DOster
From Severe Sentence By the Court

the defendant for the deed done. It
nevertheless IL considered By me IN
connection with that which did ap-
pear from the lips OF the witnesses
on the hearing. pass, however,
from that TO say that I believe that
considerable Of the defendants story
was true; some Of it. I know, was
false. All OF II was highly colored
and exaggerated. but | do not hold
such cNaggeration OF testimony
strongly against the defendant. she
was ON trial FOR her life and the in
stinct OF self preservation was strong
In her as probably II would be IN the
case OF all Of us to say ana do what
ever could be done 10 mitigate the
severe penalty OF the law.
The defendant has finally admitted
IN open court her guilt OF The murder
Of my son. 4 Jury. sitting on her
ease. did not disagree a. TO the per-
formance Of the act by her. but only
iisP greed ON the question whether
she acted under an insane impulse to
lis commission. The ma iority OF the
jury, as ! have heard them state in
open court, believed her guilty OF the
first and highest degree of murder.
Her conviction of that degree OF
crime 90 which she has now confess
ed. would not undo the past II
would not heal the wounded hearts OF
my aged wife nor my own. II would
not restore to US our son.
I'VE have now reached time In
life when domestic afiliction. not only
, the loss OF our son. but recently from
| the loss Of a beloved daunhter. mel
lows our hearts and inclines Us to
I charity. 10 pity for the unfortunate
| oven those who have wronged US so
gricVOusly as has the defendant. May
T ! ask your honor not only for myself.
but on behalf Of my family to view
the case Of this unfortunate woman
with as much charity as can be and
10 temper lcr sentence and the law
with as much mercy az 1t vol all A.
viii ask your honor not TO go be
youd the minimum limit OF imprison-
mcnt Ia the imposition OF your sen
tenco."
Court Grants Request.
Judge Ryan acquiesccd tn the old
judges request In the following Ian
guage:
The turn which this trial has nov
taken Is "a most unusual one. Thu
court represents the Sovereignty OF
the state of New Mexico aud It's de
Cision In this case must as express
ing that sovereignty represent th'
majesty OF the law. II Is the geniul
with mvNouthlo regularity; It's rulei
apply To all persons and actions alike
This is said because the evidence IL
this case before the court aud which
should influence the court in ia
Judgment now to De made, proved be
yond doubt indeed proves by th'
facts admitted to be true by the de
fence. that the defendant In this cnsi
killed the deceased under such cir
Cumsiuucos AZ to constitute murder u
the first degree.
The only defence internosed wa
that the defendant al the time OF IN
commission of the act, was insane
and lacked criminal responsibility To-
her act This was the only dofenc
possible. The evidence already ad
duccd by the state in iis case in chic
was OF such a character az TO pre-
olude any other defence / do no
mean TO criticisc counsel Tor the de
fence In this regard. / desire To stat
, that the defendant has had The bene
~ OF AZ Hkillful presentation O
the case In her behalf az II was pos
{ siblo Tor legal talent to present Il
b presenting such defence. the cour
, Acknowledges that they but perform
Il Continued on page two.l