Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-12-31

From the Marietta Register, Dee. 27l
The Sentence Of Bumgardner-
The ExecntiOn TO Take Place ON
Friday, February I5, 1867.
Friday morning, 2lst inst. at 91a O'Clock,
the court directed Sheriff Hicks to bring
in Hanson Bumgardner, to receive his SEN
tence for murder in the first degree. Rev.
Mr.. Mullenix, the spiritual adviser oft he
prisoner, came In with him, and Mrs. Bum
gardner, the wife of the convict, also was
present. The court room was densely pack
ed with people, some ladies present.. Mr..
Knowles, of the counsel for Bumgardners
made motion in arrest ofjudgment, BUTT
was oyerruled by the court. ,.. -
The court then ordered Bumgardner to
stand up, and asked him if he had any
thing to say why the sentence of the law
should not be pronounced on him. With
much agitation the prisoner began to
speak mo, sir! but think it a very un-
just thing. stand before you an innocent
man, and speak as | would before my
Cod" He then went on to say that he
never denied having Eubank's team, but
came by it honestly, by purchase, adding:
IL canuot blame you, Judge, but false tes-
timony was made against me here" He
spoke of having been sinner against God,
but with acOnscience now recOnciled, say
ing: THE God that rules above knows
that / am innocent of this charge" With
considerable feeling, he said at grinds me
to leave my wife and three little children,
who have no place to go to. My wifes
father has turned her out of doors because
she would not forsake me-"
Had the prisoner stopped here, he might
have had some sympathy from those pres
ent. But he went on to speak at le9gth, re-
lating the connection between him and
Eubank; how, as he said, he bought the
team; commenting and arguing upon the
testimony; charging false testimony, on
the part of every witness, on every point
which made against him, sometimes not
impugning the motives of the witnesses.
but again insinuating that they did il on
purpose;" finding fault, inferentially, with
the Prosecuting Attorney for his zeal in
the case, in which Colonel Alban had but
done his duty, and we'll done it; and so on.
He told his whole story from beginning to
end. from Burning Springs, West Virginia
to Frankfort Ross county, near where he
was arrested, covering space of over two
weeks-admitting that he, after buying the
team, as he said, had gone to Hills Land
ing with Eubank, or rather Eubank with
morning, etc.; telling how they slept to-
gether in the wagon, and how they parted,
after daylight, Eubank going back to Park
ersburg, he to go on with his own team to
Gallia county. He denied that he ever was
In the rebel army, but said he was Union
man, and was permitted to go on the sen
rolling guard" of Augusta county, Virginia,
and came away from there with his family,
with Gen. Averill, in 1864, and settled in
Addison township, Galla county. He
frequently protested his innocence of the
murder of Eubank; and said that he had
never taken the life of any man, or was the
cause of it-said, Il have neve stood up in
an army and shot at any man."
Bumgardner spoke an hour and three
quarters. He stated considerable that had
but little to do with this case. We have
given as full an account of what he said,
as we think it worth the while to print
Atthe conclusion he sat down and covered
his face. But his Honor Judge Guthrie,
Immediately proceeded to pass the sentence,
in firm voice and with an impressive
manner. We eprint in full
THE SENTENCE.
'SHansOn mgardner, stand upi You
have been indicted, by a grand jury of this
county, of having, on the 18th day of Sep
tember last, at Belpre township, in this
county, purposely, maliciOusly and delib-
erately murdered John Thomas Eubank.
To this indictment you have plead mot
guilty. Your case has been submitted to
an impartial jury of this county, in great
part of your own selection. You have had
the benefit of the process of the court to
compel the attendance OF your witnesses.
You have had assigned to defend you gen
tlemen learned in the law, who have done
all that could be done to avoid or break
through the terrible chain of eircumstan-
ces, which the skill and industry of the
counsel for the State has developed and
drawn around you. The Jury have had the
law fully explained to them by the court,
and have been carefully cautioned in re-
gard to the rendition of their verdict; and
yet they say, upon their oaths, that you are
guilty, and guilty of murder in the first
degree, with this findirg of the jury,
am perfectly satisfied. Notwithstanding
your solemn asseverations to the contrary,
| entertain no doubt of your guilt. l be-
heve you are guilty; and when you held
up your hand, few minutes ago, in solemn
protestation of your innocence, [ believe
thathSnd was reeking with human gore.
'Itappears that, on the 18th day of last
September, you crossed the river from |
West Virginia into Ohio, in company with |
JOHN Thomas Eubank. You proceeded |
with him to Hills Landing, in this coun-
ty, and there encamped for, the night. At
some hour during that night, you murdered |
him; and, to avoid detection, you severed
his head from his body, and buried him in |
the waters of the Ohio river. The next
morning, you coolly possessed yourself of |
his property, and proceeded on your way. |
The secret was yours and the rivers, and it |
was safe. Ahl that was terrible mistake ! |
You forgot that the eve of Hin who sees all |
things was steadily fixed on you while you
did this deed. You forgot that He had SO
arranged human affairs as that crime OF |
this character seldom escapes detection.--- |
1t proved so in your case the river refused |
to Keep the horrid secret; and it was soon |
made manifest to all men that most foul |
and bloody murder had been committed, |
aud that you were the murderer.
"Hansom Bumgardner have no words |
of hope for you. SO far as human agencies |
are concerned, your doom is Sealed. An |
appeal might indeed be made to the Execu. |
tive clemency, butt do not believe it would |
avail you anything. Your only hope is in I
Of Him who spoke as never man |
spakes beseech you to turn to Him, to |
give earnest heed to the advice and counsel |
of His ministers, and to try to understand |
that, although you have raised your hand |
against your brother, even that may be for
given.
ut is the sentence Of the law, that you,
Hanson Bumgardner. be taken from here to
the common jail of the county. whence you
came; that you. be there safely confined
and kept until Friday, the Fifteenth day Of |
February next and that. ons that daxy