The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1855-12-08

An Ola Man--.AnA An Ola Murder.
Our readers have already learned that, at
the recent session of the District Court At
Burlington, John j. Jones was convicted Of
the murder Of McCardle, committed some
fifteen years ago. The sentence of the Judge
and the speech Of the prisoner were publish
ed by the Ha,okeye, but overlooked by us at
the time. They possess sufficient interest to
be copied even at this late day.
sTArE OF IowAys. John ]. yosRs.
Sentence Of the Court.-The prisoner was
yesterday p. \. brought into court for SEN
tence. His Honor Judge Lowe, addressed
him as follows
The prosecution against you for the muir
der of Horatio w. McCardle, has resulted as
you have painful reason to know, in your
conviction, after patient hearing and a most
| able defense by your counsel. If you have
any legal cause to show why judgment should
not be pronounced against you, the court will
hear it.
The prisoner, being permitted by the court
TO speak if he had any thing to say why SEN
tence should not be pronounced, Judge Rorer
his attorney, read the following in his name !:
May ii please the Honorable Court:
/ am an old man fast tottering to the
grave. The frosts Of seventy three winters,
though they have not whitened nv brow
have wrinkled my face, and chilled my heart
with many sorrows. Mine has been check
cred life, and now when about to be separat-
ed from my fellows, can give truthful
version of the past.
had family and home-a rude home,
1t Is true, and plain and humble family
but they were my all. The deceased robbed
me of the one and invaded the sanctitv of
the other. Two small sons, lovely daugh-
ter, and wife-a cherished wife.
On returning to that home the dav of the
fatal deed, learned the certainty Of the mad
dening truth, and fastened to the field, my
rife still in hand. know not why went
had no fixed design. He met me with
club shot him. And though claim not
to have acted in defence, do assert that
| there was mutual combat. You know the
rest. fed--my family followed. But for
| the fifteen years have lived in Locklsnd, |
made no secret Of the deed had done.
Now time has done its work. The Govern
ment itself has changed. New laws are pass
ed and old ones repealed-and those who
| then surrounded me have mostly passed
away. A different people are in the land-a
drank liquor, it is said, and true It is drank
it. Not to have done SO then would have
been the objection. Men high in station
leaned upon the dramshop for SUPPORT. To
treat ones fellow to the poisoning cup was
deemed proof positive of genteei training. |
may not be held responsible alone for the vi
ces Of society-it is enough that have been
their victim. Those DAYS are past, and that
loved one is gone-borne down with trouble
she sank into an early grave. That lovely
daughter is now hopeless cripple, wearing
haggard face. Of those two boys-who
should have been the prop of my old age
the one is gone to join his injured mother as
witnesses against the dead destroyer of their
peace-the other-and my heart sinks with
in me when say it-lises-but not to me
with an ear deaf to my calamity, he comes
not near me! But forgive.
To this Honorable Court, the Jury, and to
the Attorneys and Officers thereof, and to
this community, | return my humble thanks
for their impartial hearing.
have never been a criminal of choice,
but rather the creature of circumstances, be-
meath the weight OF which far better men
than me have sunk may have been too jeal-
| Gus of mine honor, but never have but once
proved faithless to my trust. When my coun-
and SO did mine honor. With Gen. Jackson
in all his Greek campaigns battled for my
country and its laws. At the fast in the
wilderness was there. At the fast of acorns
was there-at Emukfa and Tsladega l was
there and when the shouts of victory drown
ed the cries of the dying at Horse Shoe, in
the front ranks Of my country was there
and the name Of him whom we now call
John j. Jones was another word for deeds of
daring.
These are of the past. long life near
ly spent-the scene is changed, but He above
who reads the human heart, is further than
the formal sentence of the law, competent
to Judge me.
The Judge then delivered the following
sentence:
The Court cannot accept your statement as
| valid or sufficient reason in law, to arrest
the uplifted arm Of justice, and therefore it
remains for the court to perform the last
GROWING act Of your trial by proclaiming
the sentence of the law. Your great age,
having outlived your three-scor wears and
ten, the fact that you long resided near my
native spot in Ohio, and the still more i'm
portant fact that you have honorably served
your country, as am informed, in the ca
pacity of soldier under Gen. Jackson, make
the performance of the duty one of great poig-
nance and severity on the part or this court.
And ne would willingly been spared the
same, for the honor Of your weight of years,
for honor of that patriotism, at whose affairs
you bravely served in the flower of your man
hood; and still more for the greater honor of
that common humanity, which in the later
life you should have observed towards that
inoHfensive neighbor Of yours, for whose
murder you now stand convicted. 1t is pain
full to reflect, in reviewing the evidence for
and against you, the mind can rest upon no
one fact or circumstance that would seem to