Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-05-08
ALLEY ASyD@YAs
Tuesday MORNING, MAY 8, 1897.

Martin. The execution is ordered to take place
in the county Of Alexandria on Wednesday the
9th day of next mosth. We have been polite.
" furnished with the following copy of the
Judges address TO the criminal:
JONATHAN DEvAUGHN:
You have been convicted Of the murder Of
Tobias Martin, by the verdict ola respectable
and impartial jury Of your fellow citizens, and
upon evidence the most conclusive.
Bv that evidence it appeared, that a SON Of
he deceased, a lad Of about IA years OF age,
with his two younger brothers, on Sunday al
,ernoon the 25th of June last, went into the
country to pick some blackberries, and were
found by you in an enclosure belonging to Mr.
Moore, in whichthere was no grain or valuable
grass which could be injured by them, but
which was over-run with briars. Upou your
approach, the two Younger boys fed; but the
elder, unconscious of guilt, suffered you to seize
him. When in your power, you beat him Sc
yerely, deprived him of his hat and basket, and
sen, him home. On the next day, the father of
the boy sent letter or note 10 you, requesting
YOU TO deliver them up. 1t did not appear po-
silively, that this note ever came TO your hands.
II was not produced at the trial, but there is no
reason to suppose that it contained any thing
which could have provoked or palliated the
act which you committed on the Wednesday
following. There was evidence produced by
your counsel, and derived from your own state
ments, that on Tuesday morning, before day
light, some man had called you up out of your
bed, and insulied or provoked you, but that you
took ample revenge by beating him and driving
him into the ditch, where he lost his hat, which
you took into your possession; and that you
still bore malice against that man; threatening
to kill him if he should return; and that you
suspected that man to be Tobias Martin. On
the evening of "Wednesday the 2slh, little be-
fore sunset, you informed one Of the Witnesses
that you had prepared some slugs, that you had
procured gun, and that you would kill Mar
lin. The witness warned you against using
those slugs, informing you that they would
certainly kill him. Thus prepared, and thus
forewarned, the unsuspecling victim Of your
malice, with his wife, came TO your house, and
in The most peaceabe and mild manner, inform
ed you they were the parents of the boy whose
hat and basket you had taken on SUNDAY, and
requested you to return them. They did not
even reproach you for your violence TO the boy.
In fierce and angry man,eryo falsely an
swered that the hat and basket were at MIR,
Moore's, where they might go and pay the
damage, and get them. Upon Mrs. Martins
asking what the damage would be, you fiercely
answered that they might go TO Mr.. Moore, and
they would know-ordered them 10 60 off i'm
mediately, threatened 20 shoot them, set your
dog upon them, and went into your house for
your gun. They ran with precipitation down
the hill, with the dog after them. Mrs Martin
Tell in the ditch, but recovered and ran about
twenty yards further TO the fence, when she
looked around and saw her husband contendng
with the dog, with his lace towards the house.
At that moment she saw the f1ash-heard the
report, and heard you say repeatedly, "rake
that, you rascal, and run" Her husband said
he was shot-she ran 10 him, he was throwing
blosd from his mouth-she led him TO the fence
where his strength failed; he said he was kill
ed; she laid him down, and ran 10 the City for
medical aid. The report Of the gun and the
savage yells and execrations were heard, at the
distance oil $50 yards, by two very respectable
witnesses, Mr.. Dashiel, aud Mr. BeaIl Mr..
Dasbiel being alarmed. and fearing that some
misch ief had been done, ran over to your house
and found you reloading your gun, He asked
you what innocent person you had been shoot
ing Your reply was 81 put Il 10 him." ~ haze
givsn him his o,cn" 1t was alter SUNSET, but SO
ligh, that man might be distinctly seen at the
distance of 200 yards. Upon the alarm Of
murder being given, you fle1; and after two
days search, you were taken by surprise in the
edge of wood
Even if express malice aforethought had not
been proved, and if you had not avowed your
determination to commit homicide, the rash
and reckless manner in which you shot at the
deceased, even If it had been in the dark, would
have evinced disposition so regardless Of hu.
man life, and heart so fatally bent upon mis-
chief, as to amount in law TO that degree Of ma
lice, which is necessary ingredient in the
crime Of murder.
have briefly recapitulated the facts Of your
case, not with view of exciting the popular
indignation against you, or of ,orturing your
feelings,-bpt in the hope that deep sense Of
your guilt may lead you TO an hearty contrition,
that you may obtain forgiveness of Him who
alone can search the heart-whose judgments
only are unerring, and who is ever ready to re-
ceive humble ard penitent sinners. And ex-
hort you, by all your hopes of everlasting happi-
ness in future state OF existence, and by all
your fears OF eternal and unutterabIe woe, to
devote the few days which may be allowed you
r. -. r.