Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1860-11-21

Entertaining these views, we are compelled to
overrue the motion for q n ow trial and in arrest
of judgment in this case and jud gment is there
fore ordered to ee entered on the indictment.
BY THE CouRr
! To which opinion and Judgment Of the Court
the prisoner exeepts and asks bill to be sealed
which is done. SAMUEL LINN. [Ls,l
THE PRISONER SENTENCED TO BE HUNG.
Judge LINN. John Cathcart have you anything
further to say why sentence of death should not
be pronounced3
The Pm sosEn Yes; am not guilty of such
crime as am charged with, before God. |
| Judge LINN. On an occasion SO solemn as this, |
in view of the melancholy result of the case, we
cannot conceal our deep emotion in approaching
the last duty which the Court have power to per-
form. The circumstances in which you are
placed demand our deepest sympathes, as well
with you as with the little ones who have already
been deprived of the afectonate of kind
mother and who, by the Issue Of this trial, are to
lose the protection which it was your duty to
afford them. Whatever, your wishes may,bein
out SO ar as lies in our power. You Lave been
charged with the crime of murder. At the last
re gular term of this Court true bill was found
against you by the Grand Jury. You were ar
ragned, and plead ed not guilty. jury of your
country called, and twelve of your fellow
citizens were chosen by you to try whether you
were guilty of the charge. You were allowed
twenty peremptory challenges and, although the
Commonwealth counsel demanded their right
to challenge four jurors poremptorly, the Court
doubted the right, and the benefit of that doubt
was given to you. You were confronted by the
witnesses of the Commonwealth, and you had the
process of the law to summon witnesses in your
defence. Youwere defended by learned and able
counsel, who have conducted your defence with
degree Of zeal and ability, and with manifes-
tltion of interest, which does creGit as well to
the head as the heart, In oil questions of evil
} dence and questions Of law, you received from
the Court the full benefit of all our doubts. The
Count, in their charge to the jury eudeav-
ored to present your fairly, and in such way
as to bring to the notice of the jury all the requi
sites of the crime alleged against you, and the
, circumstances out of which doubts might possibly
arise. The jury were duly cauto ned as to enter
8 tanning any feeling or prejudice against you, and
thus they we're solemnly charged to determine
the question of your guilt or innocence. They
Q find you guilty of murder in the first degree. A
motion was made for rev trial and in arrest Of
Judgment, which, for reasons which you have just
heard, the Court have felt obliged to override
You have had, in our opinion, full and fair
: trial, which has resulted in your conviction. In
: passing sentence upon you, we are bound to as.
= sumo the finding of the jury as true and we
It therefore charge you to consider well the nature
! and consequences Of your crime. You have beer
e found guilty of the wilful and deliberate murder
e Of fenow-crsature nay, more, the partner o
e your life and the mother of your little children
m of ncr whom you had but a few years proviousl,
k sworn to protect and love until death should sep
rs crate you. So far as we can learn from the evi
at dence, she was gentle faithful, loving wife ha
l. cared well for you and for her offspring he
re last wishes, and the last expression, of desir
o before she closed her eyes in DEATH and fell
'e victim to the mortal blow that your hand hat
j. given her, were for your temporal and eterna
t. welfare. Like a true woman, her h rt-string
10 until they were sundered in death continued t
10 yibrate to the gentle touch of ma ternalove. Blu
ID she has gone to that country from whence N
n traveller returns, and we hope is enjoying tn
re blessedness of the redeemed. As your time il
this world may be short, we would admonish yo
ri kindly to apply for final pardon and forgive
: sl,o :, H..
W of sinners, and lose no time in prepai ing I
in stand before the Great Judge Of the quick an
Se the dead. Nothing is left for us but to impos
r upon you the penalty inflicted upon you by tn
n, infexible and stern rules of law. But in tn
10 Divine Dispensation way of escape has bee
j. provided, and ransom has been paid for all VIII
ID will accept pardon on the terms of the Gospe
rt We are to take tho verdict Of the jury as estat
ID fishing your guilt with absolute certainty, anC
It, however we may wish that we were quit of thi
to painful duty We must proceed to pronounce th
IN sentence Of the law; which is
Il "That you, John Cathcart, be taken hence t
~ the place from whence you came, within the ia
of the county of Clearfed, and from thence
81 the place of execution, within the walls
In yard of said Jail, and that you be tbaro bange
'n by the neck until you are dead and may Go
l. have mercy upon your soul. By THE CoURr.
When the sentence Of death WIS pro
% nounced the prisoner was much affect, q
-, crying and sobbng most of the time. II
" is over six feet in height, stout built, san
al dy hair, and light complexion-aged 2
of years.
sL We understand that The prisoner
he counsel are determined to take his case t
'" the Supreme Court, which will cause
- delay of some sixty days, before the cas-
=. will be finally settled. They seem ssr
or guine of getting new trial granted
/ II new trial is granted, there is no tell
~ ing when it will be firally brought to