Concerning the Death of Henry Augustus Grant

San Jose Mercury, March 16, 1887, Wednesday:

 

 
  The argument in the Goslaw murder case was concluded yesterday forenoon, and after an able and impressive charge the jury retired at 11:45 o'clock to deliberate. At 2:20 P. M. they returned into Court with a verdict of guilty of murder in the first degree. When the paper containing the awful words reached the hands of Deputy Clerk Janes, Goslaw, who had been nervously scanning the faces of the jury, turned suddenly and faced the Court. When the verdict was read and its terrible import burst upon his mind, every particle of color left his face, and for a moment he trembled like an aspen. Then with a low sigh he bowed his head to lift it only when addressed by his counsel. Deputy Janes, who is usually calm, self-contained, deliberate and correct in manner and performance, was as greatly agitated as the defendant while reading the verdict. His hands trembled and his gills assumed a greenish hue. The paper danced before his eyes and he started in to read the latter portion first. Judge Belden corrected him, and in the short pause that ensued Mr. Janes recovered his wind and his self -possession and read the verdict without missing a word. The jury had the privilege of affixing the penalty, which the murder in the first degree may be either hanging or imprisonment for life. Their refusal so to do makes it the imperative duty of the Court to imposed the death sentence, and the time for this weighty and solemn duty is fixed for next Friday at 10 a. m.
Immediately after the prisoner was remanded, a MERCURY representative visited him in his cell. He was pale, but collected and talked freely over his situation. Almost his first question was: "Do you think it will be a hanging matter?"
He was informed that he still had a chance for life, either through the action of the Superior Court on a motion for a new trial, or a decision of the Supreme Court on an appeal for the verdict and the judgment.
"I never thought that the verdict would be murder in the first degree," he went on, "nor did say one in the court-room, I am sure. Several parties of good standing in the community told me they thought they thought it would be manslaughter. Why I am no more guilty of murder in the first degree than a child. I never went there to kill the old man. Do you think if I had meant murder that I would have taken my brother along and after the affair gone to Constable Reynolds and delivered myself up as guilty of battery?"
The newsman expressed an opinion, whereupon Goslaw continued:
"I think the jury would have had more consideration for me if they had thoroughly understood my reason for going to Grant's house."
"Didn't you tell the whole story?"
"No. It was the truth as far as it went, but I expected my attorney to ask me more questions. Why the District Attorney in his argument told the jury they must not believe that Grant had any tools that belonged to me. He did have some of my tools, and I can prove it."
"Perhaps it would have been better had the jury been placed in possession of all the facts relating to your business dealings with Grant and Con. Brown?"
"I think so, and now I will tell you all about it, and then you can judge whether Grant acted fairly."
The defendant then made the following statement: "Grant was my partner in business of house-moving in Los Gatos, when Con. Brown came up to see about some tools he had loaned Grant. I was there, and the conversation occurred in and near Pete Fischer's saloon. Brown wanted some rent-money, and I gave Grant $10 to give to him. This done, Grant told me that he would induce Brown to sell some of the tools. It was agreed, after a short conversation, that Brown was to take $15 for the tools. I put in $20 of the amount and the whole was paid over. At that time Brown knew I was Grant's partner. We were using other tools of Brown's--rollers--and it was then agreed that Brown should give us three or four days notice when he should want them. Shortly after this Grant sold out his interest in the business to me. He said he would rather live in the hills and shoot quail than move houses. I did not have the money, but I got Pete Fischer to give Grant his note for eight days for the sum agreed upon. This note was collected before it was due and according to the bill of sale drawn up by Pete Fischer, all the firm property became mine. I also retained possession of the tools belonging to Brown. Afterwards I loaned some tools to Grant who had a job to dig up trees. On the Monday before the affray. I had the job on hand of moving the Church. Grant came to me and wanted work. I told him my brother was with me and that I did not need anyone. He went away and the next day, so I have since understood, went to San Jose and told Con. Brown that I had cheated him out of his tools and he wanted some more."
"Perhaps he was angry at your refusal to give him work?"
"I don't know, but it looks that way. I never cheated him out of anything. I bought the firm tools, loaned him some of mine and gave him permission to take more at any time when I was not using them. I bought the firm tools, loaned him some of mine and gave him permission to take more at any time when I was not using them. I had always been a friend of his. I helped him to move his traps from the hills into Los Gatos, and he used frequently to come to my house. Well, on Wednesday I went to San Jose to see Brown about some timbers. I could not find him and returned home in the evening. On my arrival in Los Gatos my brother told me that Grant had that day shipped Brown's rollers to San Jose. He had no right to do this for the rollers were in my possession, he was not of the firm, and besides the clear understanding was that three or four days notice should be given before the tools should be taken away."
"This action on the part of Grant riled you I suppose?"
"No, but it made me feel that Grant had ceased to be my friend. I then determined to hunt him up and get the tools I had loaned him. I didn't propose that he should use them for nothing any longer, after his talk and actions."
"And you had no intention of hurting him when you went to the house?"
"None in the world. If I had wanted to kill him I would have used something else besides my fists. My conscience is clear on that point, and I can not understand how the jury could have brought in such a verdict. It is contrary to law and the evidence."
"You will fight the case to the bitter end, I suppose?"
"Yes; my father will be here in a few days with the means for the employment of additional counsel. I have strong hopes that Judge Belden will grant a new trial upon the motion of my attorneys."


 

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