Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-08-23
THE DEATH SENTENCE.
sam Moody Sentenced to be
Hung for the Murder Of
Capt. Perry.

The Criminal Courtroom was crowded
yesterday morning, it being understood
that sentence would be passed upon sam
Moody, the negro found guilty OF firing
the shot that killed Capt. Perry, while
the latter was attempting to arrest him
and Others who had broken into store
on Monroe street. The prisoner, before
and after the sentence, appeared to be
perfectly Indifferent, rs II he did not
care a straw whether he was hung or
not. There wss q deadly silence in the
courtroom, when Judge Hunter arose
and addressed the prisoner as follows
sam Moody, you have been convicted
bv Jury OF your country of the crime
of murder in the first degree, committed
upon the person Of Captain J. J. Perry.
You have now an opportunity, II you
have anything to ssy, why the sentence
Of death should not be passed upon you.
Moody said he wasn't the man that
killed Capt. Perry that " he was not
there, and was arrested in bed he did
not know anything about it.n Moody
answered in q very confused manner, but
his appearance Indicated that he cared
very little about the Judge or his SEN
tence. Judge Hunter continued:
You have been tried before this Court
by $ Jury OF your own selection. You
have been defended by able counsel.
The Court has alike been wstchtul OF
your rights under the law, and has been
careful to protect you from the slightest
unfairness; resulting from either preju
dice or accident, during the progress OF
the trial. The witnesses for the prose-
cution have been presented to you, face
to face; they have undergone the most
rigid Discrimination. The jury have
been guarded, and kept separate and
apart from all other persons, 80 that
neither prejudice or corruption could in
fueuce them il their deliberations. They
have returned a verdict Of guilty OF
murder in the first degree"
The motion for a new trial has been en-
tered, argued, and fully considered by
the Court, and upon careful review OF
all the testimony, that motion has been
overruled, and yOu are now before the
Court to receive the sentence which the
law has affixed as the penalty Of your
crime-the crime OF murder IN the nrst
degree.
You have been defended by able coun-
charged in the indictment. Your hand
Is red with blood and If you were turned
loose upon the community it is reasonable
to suppose that you would again commit
the crime of murder. You engaged to
commit the crime of larceny, which re-
suited in the greater crime Of murder.
This only proves that the incipient
offsnse may not be great in Itself, but ia
it, you may be lead TO COM
NIT the greatest crimes. 1t Is an edIct
s. that whosoeVer sheddeth mans blood,
ov man shall his blood be shed"
Murder is defined by the law Of Ten
ngssee to be the unlawful killing OF any
creature in being, under the
protection Of the State, with malice |
,forethought, either express or implied. |
Every murder perpetrsted by means |
Of poisons, lying in wait, or by other |
Kind Of wilful, deliberate, malicious Rnd !
,re2editated killing, CT committed ia |
he penetration, or attempt 70 per- |
1strats, OF SDy arson, rape, robbery, |
burglary or larceny, Is murder in the |
irst degree, the punishment OF which is /
jsath. You have been found guilty OF /
murder in the first degree, and the evil
lance clearly shows that ct the time Of
he commission Of the act you were en-
ragged in the preparation Of larceny
he Jury having failed to fad that there
we're any mitigating circumstances in
be case, you therefore stand convicted
Il s wilful, deliberate, malicious and
lremeditGted murder.
II is therefore the sentence Of this
,ourt that you be taken By the Sheriff Of
shelby county on Friday, the 10Th day 4
# October, st eleven O'Clock IN the fore
loon, from the jail OF Shelby county,
hence 20 the gailOws to be erected for
hat purpose, and hung by the neck until
-ou are dead; and may God have mercy
u your soul.
As the Judge concluded, Mr.. Robert
on, counsel for the prisoner, entered a
notion FOX an appeal to the next term OF
he Supreme Court, and thereupon the
,rlsOner was remsnied to jail.