The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1864-06-16
Sentence OF mc> o,nb.
Wednesday. June |.

H. liluiuie, piSsiuhSt
The time having arrived for the sentence
# McComb, his Honor directed that the pris-
oner be brought into court. The Sheriff
having brought in the prisoner, the court
directed him stand up. The prisone stood
up, and the court proceeded to pass sentence
upon hun as follows:
Benjamin A. McGomb, you have bee n
charged by indictment IN due form found
and presented to this court by grand ju-
ry Of the county of Wapello in the State o /
Iowa, with one Of the highest crimes known
to the law-the crime Of murder. To this
Indictment you have pleaded; mot guilty"
A jury of tie county duly empanne.led and
sworn have patiently investigated this
charge made against you. You have had
W hat the court deems a fair and impartial
trial. You have had the aid OF very faith
full andab counsel; all the proceedings
have been conducted with. deiberation and
fairness as is believed, and the jury to whom
your cause has thus been submitted, have
upon proper dehberntion returned into
court their verdict declaring you guilty Of
murder in the first degree"
Have you any cause to show, or anything
to say why the judgment of this court
should not now be pronounced against you
on saio verdict
The prisoner replied. ~ don't know as
1 have"
The Court then proceeded further as fol-
lows: SO far as the action. Of this court
is concerned the verdict returned by the
Jury is taken as absolutely true, and ac-
cepting that verdict as the evidence against
you, on the grave charge preferred, you stand
convicted of one of the highest crimes
known to the lava crime, the commits
sion of which forfeits the life Of the offend
err. 1t isa very unpleasant, very painful
and very solemn duty to pronounce the
Judgment of the lawn cause involving
life and fraaght with consequences so terri
BILE but it is a dutyfrom which | cannot es-
cape, even il sought to do so. In the dis
charge of that duty, am not actuated by
any feeling of revenge growing out of the
heinous and teri BILE character of the crime
you have committed. csHniseraee you in
unfortunate and apparently almost
friendless condition, but this commiseration
can avail on nothing. The stern mandate
Of the law is peremptory-it cannot be
avoided.
Our law is Supposed to be unusually tend
er of human life. 1t forbids capital pun
save for murder under circumstan
ces indicating total depravity of heart or
OF murder perpetratsd wilfully deliberately
and premeditatedly.
The jury, by their verdict in this case
say, that you not only killed Laura j. Har
vey, with "mafice aforethought." but that
you committed the dark and terrible deed
"wilfu'Iy. deliberately and pre- meditatedly.'
1t is difficult to conceive how any motive
however powerful could have prompted you
to the commission of so dreadful crime
when we consider the age and sex of the
deceased, her youth, irexperience and inno-
cence, for it is impossible to believe she
could in any manner have given you offence
we are shocked beyond expression at the
enormity of the deed. Society, speak
ing through the law, has declared that he who
IS thus depraved, thus wholly regardless of
the dearest rights and interests of his fellow
men, regardless Of every impulse Of human
ity-must die And while the ma tural sym.
pathies of the heart, after so great lapse Of
time since the bloody tragedy was enacted.
for criminal participation in which you
now stand condemned lapse ~of time
sufficient to allow the baser passions of our
nature to cool-mIght suggest less terrible
punishment, the stern demands of the law
will not yield to this suggestion. Your fate
is sealed can offer you no hope--no con
ISOLATION. can only direct and recommend
your attention and enquiries to the minister
of G od-to the B'ble-and to the Christian
religion; which may afford consolation in
preparation for the sad and miserable fate
that awaits you and hope for better, hap
pier life when you have met and suffered
that fate. We are taught in the Sacred Vol
ume that there are sources of consolation
to those who no longer hope anything in this
life, and however dark the crime you have
committed you may still find reasons for
hope in thatmerciful religion, whose founder
d, clared tothe penitent. malefactor executed
by his side This day shalt thou be with
me in Paradise"
To that religion and its ministers then let
me earnestly recommend you-sincerely
hoping you may improve the short time al
lotted you in preparation for the solemn.
change that approaches so rapidly and Ger.
tainly.
The object Of punishment IS not vindic-
tive. The aw-makers and courts are infu-
enced by no spirit of revenge in imposing
punishment for crime. The object is two.
fold; the protection of society, and the refor-
nation of the offender. But in crimes so
dark and arpall ng as that you have commit
ted-displaying character so desperate and
dangerous-the considerations OF social pro
lection rise paramount to every other; and
in view of the seeming absolute necessity,
demands the destruction Of the perpetrators
Such is the mandate of the law. Obedient
to that mandate, and in discharge of the
painful duty j: imposes, now declare, ad-
judge and order, that you, Benjamin A. Nc
Comb, charged and found guilty of the muir.