, 1869-10-30


END OF TIE WALrKRs' CAsE-
On Friday evening the Court having
disposed Of nearly all the cases on
the calendar, and but little un6n-
ished business Remaining, the Judge
in obedience to the order Of the Sa-
preme Court, as evidenced BY the
femittitur on fle, caused Simeon
Walters to be brought into Court to
inform him Of the time set whe6 the
Sheriff would carry out the sentence
Of death heretofore passed upon him.
When the prisoner was brought 10,
bis Attorneys, Messrs. II. =. Prioks
EFT, P. K. Edmondsou and A. o.
Bowen, thefeupon fled their motion
to Vacate the judgment, and that the
death penalty could not be inflicted
on the defendant Walters, for the
reason that the jury failed to specify
in their verdict in which degree they
found the defendant guilty. The
question was ably argued by the
counsel on both sides, the prisoner in
the meantime eviucing considerable
anxiety as to what the decision of
the Court would be on the motion,
for it was a slender thread upon
which hung, 10 him, the important
issue of life or death. The motion
being submitted, the Judge, in Civ.
ing his decision, reviewed the histo-
~ of the case in the Supreme Court,
as well as the former proceedings in
the case, as they came to bis knowl-
edge through the judgment roll and
the papers on file. He said that
while the point made by defendants
counsel might probably have been
well taken at another stage of the
proceedings, yet it was not in his
power now to consider it. The case |
had been argued before mis- predeces-
sors on the Supreme Bench, and the |
judgment of the Court below had |
been affirmed and a new trial denied.
A motion for a rehearing had been
made at the last term of the Supreme |
Court, before him and bis associates
on the Bench, but under the law
they were compelled to deny that
also, and the remittitur had been
sent down by which alone he could
be guided, and under it be had no
discretion whatever, nor could be |
pursue any other course than that of
fixing the time when the sentence
heretofore passed upon the prisoner
should be carried into effect. He
said he came from a State where the |
death penalty had been abolished aud
that be himself was opposed TO such |
punishment, but that the Legislature
here had provided for such a punish.
ment, and be was bound by the law;
that while he had not the slightest
doubt but that the prisoner was
guilty Of one of the most atrocious
murders in the annals Of crime, still,
could his assistance be of any bene>
it, be would exercise what influence
be had in favor of Executive Glenn
ency, that his punishment might be
commuted to imprisonment for life.
He then ordered the prisoner to
arise, and stated the time Of execu'
ton to him as follows: "That you,
Simeon Walters, be taken hence to.
the prison from whence you came,
and that you there remain until FRI
day, the 10th day of December,
1869, at o'clock in the afternoon;
that you be then taken to the place
of execution by the Sheriff of Boise
county, and that you be hanged by
the neck until you are dead" The
prisoners face flushed very percept-
IDLY. aud he lost that careless, non-
chalant manner in which he had |
conducted himself heretofore, and |
we understand has given up all |
hope of escaping the terrible pun
ishment which the law has decreed
he shall suffer.-lddho World.