Evening journal., 1922-03-21
OLIVIA GETS
20 YEARS FOR
KILLING man
CONTINUED From First Page }

the State, approaching tho serious
ness ~ tho crime had asked
that the maximum sentence of thirty
years be imposed. The sentence
would not be imposed. the chief Jus
tice spprised Olivia. but the sentence
10 he imposed was one that would
meet the requirements or justice SD b
far as he was concerned and would
serve as an ample warning 10 9th /
ers
sitting within the space reserved /
Tor lawyers jurors and cour, at
taches and only a few feet from the /
defendant were Ouvia's wife. two
small children. one a baby In arms.
and. his sister when sentence was
IMPOSED his sister broke out crvine. ,
hut his wife was more calm. Olivia. /
vho Is 40 years old. took the som
tence without semblence of emo-
, tion and showed traces Of a smile
as he was conducted from the court
i room. The court room was filled 90
capacity.
while olivia was being led through
+ the corridor 10 tho prisoners eleva-
tor after court adjourned yesterday
/ afternoon. ne is said 10 have tried Co
spit ON Mrs. Mary savilie who had
testified against him az the after
noon session
n was after Police Sergeant FOX
had testified this morning TO the ar
rest of olivia by him and Ohicer J.
/ A. Reilly AT Second and King streets
that Mr.. Ball conferred with the
Judges and then held conference
with olivia.
When Mr. BAH announced 10 the
court that his client would plead
guilty TO a charge OF manslaughter
Deputy Attorney-Gene Flngef
stated that the State. under the clr-
cumtances. would accept the plea
OF guilty TO the charge OF man
slaughter" To explain the reason
for the acceptance OF the plea he
said a short statement should Doe
made lie then told the court that
while he felt the states evidencr
was clear and convincing. there wa
no evidence .n the possession OF the
state TO show a motive for the
shooting. that the evidence could
not secure conviction beyond sec
ond degree murder. and that the
difference % the sentence possible
io be imposed for mansiaughter and
the sentence for second degree mur-
der Is not very materially different
The state would not he able 10
show any malice aforethought on
the part Of Olivia. which is essential
10 obtain conviction for first de
gree murder. Mr.. Finger said This
he stated. would take the case out
OF the first degree class. The deputy
attorney general told the court thai
the state felt 80 wise under an cir
cumstances. to accept the plea. Mr
Finger asked for the imposition o.
p The maximum sentenN OF thirty
o years. stating that ne felt such a sen
o tence would do justice.
70 The Jury was then discharge
- from further consideration OF M
D. case and Mr.. Ball asked that sent
ence he deferred until 2.30 o'cloci
this afternoon. stating that ne ha,
certain communications and revela
tlons to make % the court that h'
y did not feel would be proper TO h'
= made publicly.
To this request Mr.. Finger oh
iected. postponement or sentence
would rob tho case which ne de-
n scrihed as one of importance. o
,- much of It's moral effect. He said 8
NJ, was Of importance and value tha
sentence be- imposed immediltciN
a After chief Justice Pennewlll hai
announced that ne did not see VIII
81 the sentence should be deferred am
that n the attorney had any com
n munications to make why he coul'
not make them then. Mr.. Rail- sskel
N for an allowance ~ sentence unit
r. 11.20 o'clock. Chief Justice Penne
Pc will declined and directed Mr.. Bal
g. n he wanted 70 communicate wit
f.. the court. 10 do so then. The iudRe'
Is representatives of the attorney
g generals office and Mr.. Ball the
70 retired 10 chambers.
10 Il was about 1880 o'clock whe
g. tho court returned and imposed sen
,e tence on olivia.
lg cd its case when court adjourned a
d. s o'clock yesterday afternoon Dui
r. ing the day twelve witnesses wer
q heard. much NJ the testimony r.
ST latlng ~ the Identification N gree
es overcoat and brown hat alleged .
NJ have been worn by the man who shC
z. Christiana. They are said 10 be IN
- property Of Olivia.
So Police Omcer Faulkner told z
IN having arrived AZ the scene just a
Chrlstiana was falling from a cha
o. in Tollin's store. A bullet he sail
10 fell from under Olivia's coat Late
"a he said. George Dupio. who Is held q
r. material witness. handed him
3s-calibre revolver. saying IL was IN
one used by the man who did N
shooting.
Later the bullet, which Captain
Detectives Robert j. Benson sa
n had been handed him by ONO
a Faulkner. was Identified by CAPITA
-i- Benson. who testified it was a ?
ng calihre bullet He said ne had ali
received from Onicer Faulkner a ;
" caiibre revolver.
.. Detective Riley identified the gree
~, overcoat and brown hat as tho
ne worn by Olivia at the time OF h
80 arrest.
Mrs. Mary Savine. southeast co
ner Third and Washington street
D.. said she saw olivia run past III
% place shortly after she had heai
- Eve shots. and that he was weariT
an a green overcoat and brown ha
John Plumbline. OF Philadelphi