| Show THREE YEARS IN INSTATE INSTATE t STATE PRISON That Is the Sentence Imposed on Garland for Manslaughter J MOTION MOllON Olt A NEW TitiAn III II 1 k Overruled I II lIY the IC Ilen LII for lir Minimum J Mn c cFrank Frank Fluk entrance was VU Mum monell Judge Mont morri lw n Int nw to In receive sentence tor for the crime oi h had l been ri convicted volun voun voluntary tary tUT tn r The UM M 11 three r yearn n at t hard tutor Ibor Ai 1 II ti cU in luell wm n mo Uon lor or a new trl trial l ws wu mad md In n Ins Ulm III the thc motion Judge Judie 1 the time court coUlt that no substantial testimony had IIi been ht out to that the which had canned Williams William In it the saloon fight at tt last December had been wilfully fird d and thI thu Was wan a still n a an to r S or not O he hail had been by y sull great rat harm Iann to tu Justify Mi lIb if wilfully In tI Irl J that hat he et Mill to u buy y The jury had found a n verdict for fir what It to b be th thIs the truth In the thi case eN and Bitti he wan Willi willing to Hand by lIy that In the mutton motion tot for a new trial the he court simply that t the evidence had been bemm carefully sub submitted nail and um the law hiI hud fully Cully Hint Hinted ed 1 to thu hi jury LIry then thEm re ro i to 0 ui mi III fur tor the court the a lIn sn n tenee tence Jud Power to tl b bt e permitted to make muku u n hew few ew more with to the thie sentence Ho lic laid AId aid The law has had hia placed a n wide discretion with the Hie court which must bo as a Just from toni the tho el The fhe term in Is It from Crom ono oTlo to tu ten tOll r It s mn to me though I may limy b bi biased d that l It ir over theme thele was IL u ca cne where no more than tm n tho ho t in hn mum pun lUn punishment should houll be lie mulcted this I Is th one omie onelie lie He was wan used to the rough scones cene of at o a l I mining camp cami yet et he lull a 1 good character Cram main the reputable r people p ople He lIe only tending bar In hn tho th saloon when hiI partner Will was absent In hn tho thu East gast ast lie ho had treated the three young gently hut but their conduct hind had Liten riot riotous riotous ous Gus they had u ed Much lIuch vile lIe lan Inn language guage to tu about himself hm cIC I rim nIl hU ide mother an nil t would have tiny any to ta lose 1080 control of at his Admitting li lr as liK claimed c n by y the tho r I e uton that Garland fired ti kill ki ku would not every eVer man nian BH 11 M that he had been Iel driven endur endurance ance IlaCe and that passion pashon pasion caused him hum to tonet net act as os n he hr did He lie lu Is not a ii bid Id ninn and should twelve receive I elve the tho minimum sen sentence rt tence I will wi therefore appeal to your honor In tho thu name of oC humanity and justice not to make him suffer mare mort than the law tie compels The Thu court said sall that thiat alter after a fair and nd Impartial trUth trial Garland had bind heen been found Coun guilty of at o voluntary manslaughter He le I he naked asked Garland If IC I ho h had Imad anything to tolay tosny lay and ant received U a negative answer anver The Tte T II court cout then iiI HldI I 1 would gladly shirk duty luty which Is 19 h Imposed on me nw mI circum circumstances stances to 10 some omne extent mitigate the tho crime erimo but hut there thero mire lue other circum circumstances circumstances stances which are aro against u Ii minimum The rime young mon men were vere Wert miners tImid and Ild were Intoxicated when they en cn terel the where the shooting happened Yet Yot Yo tho lie told LohU toll thorn thom more Intoxicant There Thero was wal edly high pitch pich of ot excitement at nt the tho time but the court does dols not feel that under the tho the best het Inter ata of ot society would be by b passing a II minimum sentence The Tho punishment should hal II be he as us to deter from Crem treating life Jo lightly |
