Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-06-04

Secondly Because of variances in
the counts of the Indictment.
Thirdly: Because of error in the charge
of the Judge.
But oil the points were Overruled, al
though eminent lawyers, when attention
was called thereto, were with the prisoners
on the first point.
Beforea resentence could be had, the three
prisoners escaped from the Halifax Jail;
were recaptured not long ago, and were
sentenced by Judge Watts, at the last term
of our Court here, to be hung this day,
between IL and o'clock. Johnson, who
was shot on his recapture, had been respit-
ed until the 25th of June.
The recent law with respect to the place
of executing criminals was construed by
the county authorities as requiring the
erection of an inclosure. The Halifax Jail,
like most iails in the State. was without
one, but during the past week one of plank
was put up, sixteen feet high, the width
of the Jail front, and about thirty feet in
depth Within this the gallows was built.
whilst every blow that was struck On the
work sounded in the ears of the
prisoners and warned them of their ap-
preaching fate.
Johnson, the respited prisoner, very re-
Gently made a confession. which appears
ting Baker and Thomas, but assigning to
himself no further part than that of by
stander, save by aiding in concealing the
body after the murder. The statement
differs, in some important particulars,
from that of the witness on whose testimony
the men were condemned. But neither the
confession of Johnson, nor the evidence OF
the witness ON the trial, makes it the afro
cious murder which many persons are fond
of representing it. Baker could not be
convicted of murder upon the statements
made in the confession, unless upon the
hypothesis of az" common design" and all
the evidence tends to the conclusion that
the whole affair arose out of sudden
quarrel, without any generalization what
ever.
At an early hour this morning, MI.
Conigland, who had been one of their as
signed counsel, sent a telegram to Governor
Holden requesting a respite of one week
for the prisoners, on the ground that he
had been informed they desired the minis
trations Of a Catholic priest, and it was
impossible to procure one before
the time appointed for the execution.
Large numbers of colored persons soon
began to assemble, with quite number of
whites, but by no means so large as in case
Of public execution. A colored minister
was admitted and exhorted and prayed
with tho prisoners. On his departure a
Catholic gentleman had an interview with
them, the result of which was that they
then desired, as they had previously, the
services of a Catholic priest, but in case
one could not be had they desired to have
Catholics pray with them and to receive
lay baptism. The poor men had never re-
ceived any religious training, and the wish
expressed by them was the result of only
two interviews with Catholic.
During the course of the morning a
telegram came from the Governors chief
clerk respiting the prisoners for week.
This the Sheriff, very faithful and up
right officer, determined to disregard, as
he did not deem it official. Seeing the
turn matters were taking, the gentleman
referred to and another, with two Catholic
ladies of the place, visited the prisoners
in their cells. The crucifix was placed in
the hands of each, and an effort made to
bring wildly to their minds the passion
died for the sins OF all mankind, to inspire
them with penitent spirit, to impress
them with a true sense OF their condition,
a realization of their approaching end,
and to fill them with a hope of for
giveness through the blood of the Lamb.
Then all knelt, the Litany of Jesus,
and the sublime prayers of the Catholic
Church for the dying sinner were re-
cited, the prisoners blessing themselves
and giving the responses "Have mercy
on u.s." Lord Jesus deliver u.s." 1--WE be-
seech thee to hear us o Lord" clearly, and
devoutly. During this solemn
scene, the guard in the Jail knelt, and all
eyes seemed to be bathed in tears. Prayer
being over, they were asked if they had
any requests to make. Baker replied he
would like few days respite, to see a |
priest, but if tn 8 could not be had he |
wanted those present to aid his mother in
having his body buried among his kin. -
Thomas requested that letter should be |
written to his brother--then pulled out
dollar bill and pair of small scissors
which he wished sent to him, and a gold |
shirt button, which he requested to be |
handed to his wife. Now further talc- |
gram came that the Governor was absent
IN Baltimore; that the respite was retract- |
ed, bnt advising to delay the execution as
long as possible. The last moment was fast |
approaching, when the Litany of Jesus and |
other prayers were again recited. The
jailor came in to pinion their arms-the
ladies took their leave, and as the prisoners
we're about to be led to execution lay bap-
ism WAS Administered. IQey walked OUT
without tho slightest tremor, entirely COM
posed, yet without any sign of bravado.-
Mr.. Conigland went on the scaffold with
them, the rope was placed around their
necks, while caps were pulled over their
Faces-the last kiss of the crucitix was
5aken, when, as the sheriff descended the
stops, Capt VIM. lei. Day, young lawyer
Of very high standing, of noble and gener-
BUS impulses, who had been counsellor the
prisoners, announced that the hour had ex
PRED. Some excitement and confusion fol-
owed-the prisoners standing composed
md untrembling. The sheriff then turned
70 let go the drop, yet stopped moment
10 ask if he should read the sentence. One
If their counsel replied that it was not as
'ential but it had better be DONE Just at
his instant Mr.. Solomon announced q
telegram from Gov. Holden, dated at Balti-
more respitingfthe prisoners until the 18th
If June. The sheriff asked Mr.. Conigland
f he could respect 1.-THE reply was. "You
lot only can but ought" And the prison
rs were reE1anded.
Thus ended scene of which, taken all
n all, I never before saw the like. The
nope raised by the first telegram-the
oheriff's purpose to disregard 1.-THE
solemn prayers in the iail-the revocation
# the respite-the farewell of the ladies'