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

] Entertaining lhsse Wow, We hts compelled 10
ovsruls Tho motion or new TRIAL and In auos,
OF Judgment IN This case and Judgment IL lhsrs.
fore ordered 10 oe entered on lhs indictment
Nv rns CouBt.
To which opinion and Judgment Of tho Court
the prisoner excerpts. and asks bin lo be sealed
which i' done. SAMUEL LINN lL.sl
ruR PRISONER SENTENCED TO M nuNa.
Judge LiSN John Cathcart, have you anything
further 10 say why sentence Of death should not
be pronounced
! Tho PmsoSEn Yes 7 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 tho case, we
cannot conceal our deep emotion in approach ng
the last duty which the Court have power to per-
form. The circumstances in which you are
placed demand our deepest sympahies, as well
with you as with tho little ones who have already
been deprived Of the sIectonate care of kind
mother and who, by the issue Of this trial. are to
lose tho protection which it was your duty to
afford them. Whatever your wishes may be in
reference to their welfare, we will try to carry
out so { nr as lies in our power. You have been
charged with the crime of murder. At the last
against you by tho Grand Jury. You were
raigned, and plead ed not guilty. jury Of your
country were called, and twelve Of your fellow
citizens were chosen by you to try whether you
wero guilty Of the charge. You we're allowed
twenty peremptory challenges; and, although the
Commonwealth counsel demanded their right
to challenge four jurors peremptorily, 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
a degree Of yea! and ability, and with u manifes-
tntion of interest, which does creGit as well to
the head as the heart, In all questions of evil
dence and questions Of law, you received from
the Court the full benefit Of all our doubts. The
Comt in tloir charge to the jury, endoav-
ored to present your case 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 ofwhch doubts might possibly
aris'. The jury were duly eautiO ned as to enter
tanning any feeling or prejudice against you, and
thus they were solemnly charged to determine
the question of your guilt or innocence. They
find you guilty Of murder in the first degree. A
motion was made for q new 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 n fair
trial, which has resulted in your conviction. In
passing sentence upon you, we are bound TO as
sumo tho finding Of the jury as true; and we
therefore charge you to consider well tue nature
and consequences Of your crime. You have been
found guilty of the wilful and deliberate murder
Of fellow creature nay, more, the partner of
your life and the mother of your little children,
of ner whom you had but few years previously
sworn to protect and love until death should sep
$ crate you. So far ms we can learn from the evi-
dence, she was gentle, faithful, loving wife had
cared we'll for you and for her offspring her
Q last vishcs, ard the last expression. OF desire
before she closed her eyes in death, and fell a
victim to the mortal blow that your hand had
= given her, were fer your temporal and eternal
= welfare. Like n true woman, her heart-strinps
until they were sundered in death continued t,
0 vibrate to the gentle touch of maternalo love- But
she has gone to that country from whence no
traveller returns, and we hope is enjoying the
bIefsedness of the redeemed. As your time in
: this world may be short, we would admonish you
I kindly IN for fpo rlo
ness wher it has been promised to the guiltiest
' OF sinners, and lose no time in prcpM ing TO
l stand before the Great Judge of the quick and
, the dead. Nothing is left for us but to impose
; upon you the penalty inflicted upon you by the
infexible and stern rules of law. But in the
} Divine Dispensation way of escape has been
provided, and ransom has been paid for all who
VIII accept pardon on the terms of the Gospel.
! We are to take the verdict of the jury as estab-
fishing your guilt with absolute certainty, and,
however we may wish that we were quit of this
} painiul duty, we must proceed to pronounce the
sentence Of the law which is
"Tbat you, John Cathcart, be taken hence to
the place from whence you came, within the Jail
of the county of Clearfeld, and from thence to
the place of execution, within the walls or
yard of said Jail, and that you be there hanged
! BY the neck until you are dead; and may Ged
have mercy upon your soul. By THE CouRr.
When the sentence Of death WIS pro-
nounced the prisoner was much affect, d,
: crying and sobbing most of the time. He
is over six feet in height, stout built. san .
dy HAIR, and light complexion-aged 25
: years.
We understand that the prisoners
counsel are determined to take his case 10
the Supreme Court, which will cause
delay of some sixty days, before the case
will be finally settled. They seem san
guine of getting new trial granted
If a new trial is granted, thero is no tell
ing when it will bo irally brought TO
close.