Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-10-30

day, the Otil OF january next.
Yesterday 10 the Circuit Court the SEN
tence of death was pronounced by Judge
r. L. Berkshire upon Robert Pool, alias
Doc. Pool, for the murder of Adam Buch,
the particulars of which, taken in evidence
before the court, we have already publish
ed in full.
Pool was brought out about half past ten
O'Clock. G. L. Cramner, Esq, his counsel,
made a motion for new trial. upon the
grounds that during the trial, the court
ruled that the questions in reference to the
character of John Rogers, one of the wit
ncsses for the commonwealth, should be
propouuded as follows: "Are You acqusint-
ed with the character of John Rogers for
truth and yeracity under oalh3" None Of
the witnesses to whom this question was
propounded had ever heard him under
oath, and could not, therefore, testify as to
his reputation in that regard. Mr. Cram
ner read from 9th Grattan showing that
the question should have been asked-"un.
der oath or otherwise" that the whole
moral character of the commonwealth's
witness might have been considered.
Major Good said that he thought the
largest liberty was given to the counsel for
the defense during the trial, aud be did not
consider the objection we'll founded.
The court remarked that it was ia
miliar with the decision in 9Th Grafton,
when he made the ruling referred to. The.
objection was not sufficient, and the court
would override the motion.
The clerk requested Pool to stand up,
and the usual question, "Have You anything
to say why tue sentence Of death should not
be passed upon you2" was propounded.
Pool mumbled, SO as scarcely to be heard, ,
81 have not" In obedience to an order
fromrthe court he then stepped briskly cut
ofthe box aud stood facing the Judge, who
very solemuly and impressively spoke as
follows:
RoBsRr PooL "A jury of your country
men, after fair and impartial trial, have
declared you guilty of murder in the first
degree-and thereby imposed on me the
painful and solemn duty of pronouucing
the stern sentence of the law upon you.
Your condition, therefore, is truly melan-
Choly and deplorable one. You seem TO
stand before this community isolated and
alone, no one appearing to take much, If
any, interest in your sad fate. 1t was said,
indeed in your behalf, by your counsel in
argument that you had no father, nor
mother, nor brothers, nor sisters. nor
friends to stand by you in the hour of'your
great extremity, and perhaps it is well that
it is s0-Well that they did not survive to
witness aud be involved in the deep dis
grnce and infamy which has oYertaken you.
OF your early opportunities and training
have not been advised and consequently
know not whether you were blest with
parents who discharged their duty towards
You by endeavoring to lead and guide your
infant feet in the paths of truth aud viz
tue; or whether, being deprived of them,
you were cast upon the world and left to
chance and exposed to all the alnrements
and temptations which SO often and SO fa-
tally beset the defenseless orphan. So far,
however, as any representations have been
made to me touching your character and
course of conduct through life; they are
entirely adverse to you, aud your case
stands unrelieved by any features ofpallia-
ton.
Though just, your fate is truly a very
sad one. Apparently you are quite youth
but just entered ou:the..great theatre oflifei
yet at this early period in your earthly ca
reer, you are found in the broad road to
ruin and dehth with the blood of one oil
your fellows upon your skirts, aud now
stand before the country as felou con-
demped to the most ignominuous death
known to the law, The developments of
your trial, instead of disclosing any facts
or circumstances of mitigation, but
confirmed the representations preSi-
ously made as TO your character, and
exhibited on your part reckIessness and
depravity of heart seldom equalled in the
annals of crime.
1t appears, from the evidence, that yoh
had previously and with deliberation armed
yourself with a deadly weapon and shortly
before committing tue fatal act of which
you stand condemned, declared your pur-
pose to be to kill and Stay any one with
whom ron might come in llision land with
this malignant purpose deliberately formed
and fixed in your heart you rushed upon
the deceased and without proyocation, in
the presence of the paetner, of his bosom
and in his own house struck down aud sent
into the eternal world, whittier you must
soon follow, the father and husband there-
by filling the hearts Of his beteayed family
with deep angnish and desolation.
And now you are about to suffer the de-
Piorable Consequences of your mad act
The dreadful penalty of the violated law is
about 70 fall upon -yon. But while yopE
life will satisfy the demands of the Law up.
on you, it will NOT expiate your terrible
crime so far as the family of him who was
slain by youPS bands9are concerned. II
Wlll not bring back aud return the husband
10 the widow, nor the father tothe father
less, but the widow will continue to wait
and the Orphan to mourn ON account oil
your atrOcious act. have said that you
are about to reap the bitter fruits of your
rash aud wicked act, YouWill, therefore
soon, if you have not already done SO, real.
ize that "the way of the ltransggess0r il
hard." Your destiny, SO far as this life il
concerned, is sealed forever, aud you are
rapidly approaching your doom, andtit il
vain Tor you to struggle AGAINST it IL is {