The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-03-08
me Sentence Of Death pronounced.
Upon Robert FogIer for the Murder
1 OF william Dinsmore. 7-Tf772
From 0.e WaIhinpton fPul Reporter.

ed an opportunity to testify In the case
| OF Montgomery who had been Jointly
indicted with him. Amer being told
by the Court that it was for himself to
decide whether or notpto give his evil
dence, and admouished in the most sol
emn manner that he had nothing to
1 gain or lose by becoming a witness in
the case then on trial, finally decided
not to testify The Court then remand-
ed him to jail, and directed the Sheriff
to have him present at 2 o'clock in the
afternoon to receive his sentence.
1t being TINS made known that SEN
tence of death would be prounced upon
him at that time, the Court room was
filled to its utmost capacity even before
the ringing of the bell. At Q o'clock
! Fogler was brought in by Sheriff
Smith and took his seat within the bar.
The Court being opened, amidst pro-
found silence his Honor Judge Ache
son addressed him as follows:
Robert Fogter:-You have been tried
and convicted by a jury of your own
choosing. of murder of tho first de-
gree" Have you anything TO say why
sentence of death should not be pro-
nonnced upon you ?" -
The prisoner replied, "Not at pres
His Honor, then proceeded with the
sentence: III
The verdict of the Jury meets with
the unanimous approval OF the court
and the whole community. The evil
dence of your guilt was so clear and
conclusive, that no effort of your ooun-
sci could save you from capital con-
viction.
The murder of which you have been
found guilty, was OF no ordinary kind.
II was not the result OF excited passion
or of revenge growing out of any quar-
rel with the deceased, but it proceeded
from an innTdinata Inst after Cafn
You had learned that the deceased had
wealth. You visited his house two or
three weeks before the murder, and by
your own confession, were then look
ing about for the evidences OF it. You
conceived the design of robbing the de-
| ceased some two weeks before you pro-
ceeded to accomplish your diabolical
purpose. On the evening ofthe murder
you set about your preparations with
| deliberation. You provided yourself
with the cartridges needful for the pis-
| tol you designed to make use Off neces-
sary. You changed your clothes, and
blackened your face, and thus disguised
/ In company with your confederate,
armed with deadly weapons, you pur-
sued your unrelenting way for six
miles, in the darkness OF night, to the
house of the deceased. Having, by ar
tifice, succeeded in inducing your un-
suspectihg victim to unfasten the door,
you entered the dwelling, pistol in
hand, demanding his money, when a
struggle Immediately ensued which did
not cease until after you had discharg-
ed the contents OF the pistol twice
against the person OF the deceased, thus
intiicting the mortal wounds which oc-
casioned his death. Not content with
this, you called on your confederate to
strike the deceased after you had thus
shot him; and he was brutally struck
upon the head with a chair, and cut
NNyff h L 70 aT,n
the hand, in vain effort doubtless on
his part, to wrest the knife from the
assassin's grasp.
We do not recite these facts to harrow
up your feelings, but to show you how
just and righteous has been the verdict
condemning you to death. Consider,
likewise, that If a mysterious Provi-
dence permitted the commission of this
great crime, how the same Providence
interposed afterwards to bring you to
the bar of Justice. In your vain imag-
ination you thought that the darkness
of the highland the disguise you wore,
would screen you from all human OBJ
servation, but you forgot that the eye of
an all-seeing God, to whom 1.-The dark
ness is as light, was looking down on
you, and that by His interposition the
evidence of your guilt was left at the
very doorstep of the dwelling you had
desolated. By the apparently insignifi-
cant ClECuIusIduCe Ol tue loss Oh the
heel from off one of your boots, the
clue was given by means of which
your guilt was traced out, so clearly
that in the prison you exclaimed to the
ministers of religion who visited you
Offering spiritual consolation, Il have
no hope;" and to them as to others, you
freely confessed yourself the murderer
of the deceased.
For your own peace of conscience 1t
would have been well you had remain
ed unwaveringly in that frame of
mind. Unhappy mani By these con-
the first step, which every sinner must
take, towards that fountain which
washes away all human transgressions
however great. BY what satanic infiu-
ence you were turned back we enquire
not; but il will not be remembered
confession and prayer for mercy, to
seek after it again. Your only reliance
in this world, is in the merits of Christ's
blood, which is able TO wash from your
soul the stain of the human blood you
have so unrighteously shed. Dismiss
from your mind all hope of escaping
the punishment which human law, by
divine command, assigns to the muir
derer of his fellow man. There is no
hope for you in this world.
The sentence of the court is, that you
be taken from hence to the Jail of the
county of Washington, whence you
came, and from thence to the place of
l'execution withinthe walls or yard of
the said Jail, and that you there be
hanged by the neck until you are dead,
and may God have mercy on your
soul.
The prisoner stood and listened to his
awful doom with the same apparent
calmness and self-possession he had
maintained throughout the whole pro-
gress OF his trial. While his Honor on
the bench was deeply affected, and
| many of the audience were moved to
tears by the solemn scene, the victim
who WAS being consigned to the scaf-
fold appeared to be not in the least
affected.
Since his imprisonment he seems to
have undergone almost unaccountable
change. Almost Immediately after his
arrest he fully confessed his guilt, and
| to all appearances manifested sincere
penitence; but within the last few
| weeks, through some evil influence, a
marvellous transformation has been
wrought In him. Instead of exhibiting
any feeling whatever, he has put on an
air of Indifference that Is absolutely
sorrowful to behold.
REV. DIR. LAAY, who went 10 Rome
to bear the proceedings of the late coun-
ell at Baltimore to the Pope, writes
home: "The Holy Father was rejoiced
and highly pleased with the Council OF
Baltimore, and also to hear many par
ticulars gave about the progress OF
our Church in the United States but
4