The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-05-18
from u. SIN n.n..

Continued from ne S;zh Pags.
q in the background. Rulloff was identified as the
companion of the two other men by woman
with whom they had boarded.
The line of defense adopted by the prisoner
4 was one of the most subtle, novel, and remark
able on record, and withal one requiring the
greatest assurance to propose to the considera-
tion of learned court. Their argument
4 that even If the prisoner did shoot the clerk,
his crime was but manslaughter In the second
/ degree, since IL was committed to prevent the
Illegal killing of man who had abandoned the
kdesign of committing a felony. With refine
ment of subtlety which momentariy perpleXed,
even while it amused the court Rulloff himself re-
quested the judge to charge the jury that in itself
4 the return of the two burglars merely to rescue
their comrade whose life was in danger, and
| who was calling for help, was strictly legal
4 and justifable act
But the fimsy pretexts of the defense did not
avail. The judge with remarkable common
/ sense ruled out all the false issues raised to
i confuse the minds of the Jurors, and they, after
4 deiberating nearly six hours, returned verdict
Il of guilty of murder in the first degree. 1t is
said that when the verdict was pronounced
there not single sympathizing face in the
&NcOurt room, and some even went so lar as to
clap their hands and express their approval in
other ways, so strong was the feeling against
him.
motion for new trial and a stay of the
/ proceedings made aud argued, but was de-
MED on the 18th of January, 1871, by Judge
Hogeboom, who then pronounced the sentence
lof the court that Rulloff be hanged on the third
Binghamton. The accused mode no speech on
receiving his sentence, but sat down and turned
smiingly to his counsel, making some joking
! remark concerning it.
But even then the prisoner and his counsel
i did not cease their efforts. The Governor was
! besought in every way to Interfere. He was
first asked TO respite, and afterwards more
4 formally was asked to commute the sentence of
death. This was refused.
petition written by Rulloff himself, it is said,
was then sent to the Governor, asking him to
appoint a commission de t1rtdtico inQuirendo to
make report upon the mental condition of the
prisoner. This request the Governor complied
with, and the commissioners made a report
| showing the perfect sanity of Rullof. This
report published in full few days ago.
The Governor on Tuesday last notified the coun-
I sci of the prisoner that he would not interfere
| in the execution, so that the doomed man then
| knew fully what he had to expect.
Notwithstanding the uniavorable look of the
case, no effort or legal proceeding was spared
| to defe at justice. Not only was the customary
farce OF motion for new trial acted, but
various other forms were resorted to.
/ An appeal was taken from the judgment of
4 the lower court to the Supreme Court at Albany,
Nbut the decision of the latter was unfavorable.
| A writ of error to the Court of Appeals was
then taken. Under this, success was so far OBJ
/ tanned as to produce a postponement of the
execution until after the day of sentence first
fixed for March Sd, which, therefore, necessi-
tated repassing OF the sentence for another
! date, should the writ not be sustained.
NThe preteXts upon which the stay of
Hproceeding obtained were of the most
! fimsy character and the counsel for the pri-
INsoner were not able to uphold them. After
NEARING the case patiently, the unanimous deci
3son OF the Court OF Appeals, given on March
2S was that the lower court repass sentence
upon the prisoner. This was accordingly done,
and the second sentence given, fixing
May 49,
Since his hopes have been gradually becoming
more faint, Rulloff has made what he calls
full confession, in which he acknowledges his
th..t C Isnl,
he was convicted, but says that he himself did
not do the deed. This assertion, however, con-
sidering the reputation of the man for truthful
ness, must be taken with several grains of allow
IT ance.
Altogether the story of his career is one of the
most remarkable that could possibly be imagined.
1t is said that when he was the leader of the
robber band, he not only devised plans of rob
berry, but also plans of escape for his fellows
i when in custody, and even went so far as to
appear himself in open Court in their defense,
he having at one time entered the bar. In such
cases his fine intellect was able to do them good
service.
The moral of the recital is obvious. What
could be more of a warning to those about to
\ enter a life of crime than the end of this man,
! who, though possessed of the greatest learning
and intelligence, not able to evade the
laws? Not one criminal in thousand has
the same advantages as this man, and
vet it all availed him not. And
then to think of the hardships which he has
undergone in the pursuit of vice, none of which
he would have had to suffer had the aim been
virtue. His reward in life was penury, not
wealth as he anticipated If one-tenth of the
skill and knowledge used in the bad practices
had been used for good ends, he might now be
respected, happy and even a wealthy man.
All his ingenuity served only to bring him at
last where a common criminal would have ar
J rived years ago Such warning to young
men, and also to public educators who care only
for the development of the mind to the neglect
of the conscience, has not been heard of for
many day.