The New York herald., 1868-08-18


Sentenced to be Hanged-Demeanor Of the
Prisoner.
From the st. Louis Times, August 1871
The boy murderer, Max Kingler, who killed his
uncle, Henry Welder, was called up yesterday before
Judge Prlmm for sentence. He approached the bar
OF judgment without manuesting any particular
tence OF death was being delivered. Judge Primm
was several times sensbly affected by the sad duty
imposed upon him.
THE SENTENCE OF DEATH
was read In solemn and feeling manner, and Its
composition Is unexceptionable. We give 1t in full
In order that our readers may know Its solemnity
Max Klingler-It is usual, II not obligatory, in
courts which have cognizance OF criminal offences,
before proceeding to pass sentence upon q party
convicted OF capital crime to ask him II he has any
thing to say why sentence OF death should not be
may sometimes enable the convicted TO present
causes for the suspension OF Judgment which were
unknown to counsel, or which have escaped their at
tention. have asked you that question but alas
you have advanced nothing In answer that " spll-
Client 10 avert the dread sentence OF the law In the
exlsiei}ce, you have chosen to throw away life of
future usefulness and respect and the dreary result
Ia a felon's DOOM You have sown the wind and
now your harvest Is the whirlwind. In their argu.
ment before the jury your counsel urged the ab-
sence OF motive as an evidence OF the insanity,
which. clone, was set up as q defence 70 the homi-
eide which you committed They insisted ana, no
doubt with truth, that in Germany you had received
o fair ordinary scholastic educaon; that your con-
duct there had been lrreproachable; that you were
member OF religious society for the preservation
that your parents were poor and cumbered with the
charge OF large family that the deceased, ut the
solicitation Oh nus wiie, VINO Is your aunt furnished
that during your domiciliation In his family YOU
were treated with the utmost Kindness and consld-
Grafton; and they urged that none but an insane
person could, under such circumstances and without
apparent motive, have committed the horrid crime
OF which you stand convicted. supposing that no
motive for the commission Of the deed had been es.
tablishcd, either by direct proof or nferentiay
from the circumstances OF the case 1t by no means
thatt alpd Ia al
by general laws, which operate with almost
much regularity as the laws Of nature do, and the
motive may exist, and must believe IL TO have ex
sted, although II may be beyond the power OF hu-
man wisdom to fathom 1t. But In your case a mo-
i've was made apparent oy ,ne evidence; ane de- ae,
place where he kept II. Early In the morning YOU
arose from your bed, went into the shop where he
long before then a6stracted from him, you delbe.
rately and without syllable OF warming Killed him
by shooting him through the back OF the head Not
satisfied with this YOU Immediately, with hatchct
attempted the life Of your aun,, who, unsuspecting
Of wrong, was coming from her room to ascertain
the cause OF the discharge OF nreafms and Win that
deadly instrument YOU inflicted wounds upon her
person the marks OF which she VIII carry 10 her
grave. You immediately fed from the scene; you
lightning which sgnazes Gods power, now
maze suOservlent 10 human agency and Justice, ar
rested YOU In your Hight. For away on the banks OF
the MISSOURI, YOU were seized, your hands and your
clothing yet stained with the blood OF your Victims
and aportlon VI your uncle's money which you had
taken together with the account book In which ~
was slowed away, were found in your possession.
You confessed the deed, but Justified the homicide
on Tue ground mat your uncle had made you angry
~ your tral the court gned you counsel from
among tbe members OF the bar, two gentlemen Of
slgnel ability With the only hope Of recompense
wicn VIII arses rom hlgh sense OF professional duty
wen performed, brothers Russell and Smith at once
took your cause 70 heart. They jabored long
zealonsy and faithfully In your dcfence but neither
learning nor eloqueuce could save you from the
latal verdict Their last effort was TO obtain a new
Ilal on your behalf, but In this too, they failed.
Day aiter day you witnessed their unselfsh
and generous TOLL and trust that you are capable
Oh thanking them from the depth OF your heart How
lar during the progress Of the trial the court has
porn IN mnd me maxim that ut Is better TO err on
NOT for me W Say, pu 4el that 1t hos epdeayored