Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-08-22
SAX MooDr-HIs DrArn SrErrScE


SAN MooDy--His DEArH SENTENCE
read THIS MonsIso-Ths negro boy,
Sam. Moody, found guilty Of murder 10
the first degree by jury Of twelve citi'
gems, at the present term Of the Criminal
Court, was brought into the court room
this morning to receive his death sen.
tenee. The room was denssly crowded
by spectators outside Of the railing, whose
eyes seemed fixed upon the prisoner,
as he sat with his counsel, and
a profound, almost painful silence per-
vaded the scene. The expression hith-
erto ofindifferencs upon the countenance
Of the prisoner seemed now TO have
given way to look Of eager anxiety,
and wild, nervous expression Of the eye
allied to mental agitation and distress.
His hands released from the shaekles,
were raised frequently to his face, but
otherwise his body remained quiet
Upon the same bench with him sat seven
other prisoners, like himself, awaiting
sentence, though for less grave offenses.
With these be seemed to manifest no dis
position to communicate, and, to all APP
pearances, was indifferent Of their pres
ence. .fneiltrl
At a quarter to one clock the Judge,
bidding the prisoner arise, said;
Sam. Moody, you have been convicted
by jury Of your country Of the crime
Of murder in the first degree. committed
pom the person of Capt j. j. Perry.
You have now an opportunity, If you
have anything to say, why the sentence OF
death should not be passed upon you.
In response, the prisoner said; II
wa mt the man that killed Capt Perry"
following the remark with confused at
tempt to show that he was not acquainted
either with Ford or Jones, his accompli-
ces, or cognizsnt of the tragedy, until ar
rested. After hearing him through, the
Judge 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 watchful 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 cross-examination. The jury have
been guarded, and kept separate and
apart from all other persons, so that
neither prejudice or corruption could in.
fuence them in their deliberations They
have returned q verdict of guilty Of
murder in the first degree"
The motion for 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 first
degree. ~
Murder is defined by the law of Ten
nessee to be the unlawful killing of any
reasonable creature in being, under the
protection Of the State, with malice afore.
thought, either express or implied.
Every murder perpetrated by means Of
poisons, lying in wait, or by other. kind
Of wilful, deliberate, malicious and pre-
meditated killing, or committed in the
preparation, or attempt to perpetrate, OF
any arson, rape, erobbery, burglary or
larceny, is murder in the first degree, the
punishment of which is death. You have
been found guilty Of murder in the first
degree, and the evidence clearly shows
that at the time of the commits
sion of the act you were engaged
| in the preparation of larceny, the
Jury having failed to find that there were
any mitigating circumstances in the case,
you therefore stand convicted OF will
| full, deliberate, malicious and premedi-
tated murder. $3.50
1t is therefore the sentence of this
court, that you be taken by the Sheriff Of
Shelby county, on Saturday, the Oath
day of October, at eleven o'clock in the
forenoon, from the Jail Of Shelby county,
thence to the gallows to be erected for
that purpose, and hung by the neck until
you are dead; and may God have mercy
on your soul.
AS the Judge concluded, Mr.. Robert
son, counsel for the prisoner, entered an
appeal to the next term of the Supreme
Court, and thereupon the prisoner was
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