Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-10-21
The LAST DREAD PENALTY.
Sentence of Barney Wood,

AIstIsu for New TriaI Ovsrruisd-Hali"E Of
tho Iudas-AmdaSits Released
The trial " Barney Wood, for the murder Of
Samuel NJ. Cheesoman on the 10th Of August
last, ended Saturday, the court Overriding the
motion for new trial and prcnoupclnE upon
tho convicted man the sentence Of the law.
Mr. Riddle, in support Of the mo lon for
new trial, which, II will DO remembered, vas
founded upon an allegation Of tho misconduct or
Mr., Donation, one Of the jurors, the District
attorney offered In opposition to the motion the
anidAvit Of Mr.. Donaldson, setting forth his
statement Of the facts Of the case, and Of z. y.
GILMAN and others as TO the characters OF tho
persons by whose afldavit the motion was sup
ported. But Judge Humphreys refused TO allow
these affidayits to go into evidence.
Mr. Riddle argued tho case at length, but at
the conclusion Of his argument Judge Hum.
phrcys gave tho following opinion, oVerruling
the motion;
has been convicted Of murder In this court, at
this term, In the killing Of Samuel Dheeeeman,
A motion ia made for Rnew trial, and afiidavits
have been Died proposing t9 establish miso9n'
conduct alleged Ia that John 7, Donaldson,
when sworn TO answer questisns az 10 bis com.
potency and qualification asa juror, said that
be had not formed aud expressed an opinion
as TO the guilt or Innocence OF the prisoner.
whereas II Is alleged In the atiidAyit Of one Pot.
ter that on the day Of the sentence Of Jenkins
had said, remarked that he twas on that jury
Aifiant then asked the Juror about o. Brien, and
he said no "dh not know when bis trial would
ISES plaza Tine Juror ISTtssr ,aS BA TS
court and Jury would convict them all; Wood
would share tho same fate as Jenkins." The
affidavit Of prisoner states that the Juror In bis
examination further stated, In answer 70 coun.
sci for defence, that "he was impartial aud
without bias In the case" This 10 motion
To set asldo verdict based upon an
eNparts afndaVit Of q stranger as to somethlnE
alleged TO have been said BY juror In relation
to cases tried and TO be tried. The juror an.
swered, under oath, all the questions pro-
pounded TO him as showing his fitness and quail.
hcatIon to sit as q juror In the onse. Them Is
no calculating the end Of trial " verdicts could
be 4et aside upon so loose q cause as that set up
In The aH1dAyit Of John Potter, No showing Is
pretended that the said Donaldson exercised, or
pretended to exercise, undue or Improper inttu.
ence upon his fellows; nor 10 there any showing
made that he did not act impartially and with.
out bias, either as q Juror TO Determine the case
upon tho evidence. 1t required the concurrence
OF ali twelve Jurors to make q verdict. Eleven
others besides Donaldson were all qualihed In
tho same manner that he was, and at the re-
quest and demand OF the prisoners counsel that
the Jury should be polled, each juror answered
as he was called, "0ullty." Amdayits were
offered by the Governments attorney TO tho
eflect that said Potter-whose afidaVltis made
tho basis Of new trials not to be believed on
oath. Those have been excluded In motion Of
defendant. The hndlng o. me Jury vas IN 40
CARES cited by the prisoners counsel all show .
different case to this, and show sOme decided
opinion formed by the juror-Hhoreas, toking as
true what the AfiiAnts state, nothing is shown 10
oveTbalanco the clear oath Of the juror when
sworn and examined as to hts htness to sit In
tho oass-that he had no blas
The motion for . new trial Is oyerruled.
THE sENTKNOH PaoEouECRD.
Judge Humphreys then called the prisoner
and asked the question usual 10 such cases!
he law sboSId not ss UrcSoupced S9SIpSS youT
WHAT wooD SAID.
Wood said: Yes, your honor, slr-pause-I
know not what happened that night Of the kill.
Ing Of Mr.. Cheeseman. ! was deprived Of my
reason, and knoWed nothing Of what occurred
until was told In iaii, l never made use 81 any
-suoh-WOrds Rs the cOloTed man said. have
wife and children. / worked ior MI. Fay four
Yeas. I know nothing more than child un-
born Of the charge, Here the prisoner weak.
enod aud he sat down. There was PREY dice
PAD after which MI. Riddle told him 10 b
calm and say what he had to say.l Almighty
9SS Is sgGg SPa AND al g
any person. / never Threatened any person, to
my knowing or knowledge. IAnother long
Judge Humphreys Is that all you have to
The prisoner Crnors slowly aud lower than bo.
fOre.) / think that this was q put up Job on
differ In politics with me 10 oct mo IntCsIrouble;
they weTo bound to have satisfaction. Another
Judge Hun phrsys Is that all you have to
Deputy Marshal PhllipG Have you got
The prisoner. Ys', l have got done, Mr..
the DEATH sENrEKcE.
Judge Humphreys then, addressed the pris-
| onsr, saying that there were yet two Oppor.
| tunities left for further hearing OF some
| matters connected with his ease, one OF which
| is q question Of 4 legal character, and the
| other a question which pertains TO the mer.
oiful Jurisdiction Of the court. In the decis-
Ion which he 1.-THE court) had rendered, he had
| upheld the Law as he uDderstOOd II, but II be
was mistaken In refusing tho motion for q
mistake Hs saw no reason irOm the evidences
to change his determination to refuse tho motion
| the law as be understood y, and no feeling or
sentiment should be allowed In tho determine
tlon Of q Judge administering the law. In
case Of reVerslOn OF the action taken
n new W.T. trial there j mother and higher tTiSa:
nal, which will finally decide upon the IN Tits OF
Of the case; and II that superior tribunal should
arrest the sentence, II would give pleasure to no
one more than the one who passes the 90 ntenee.
Every point that his 1.-THE pTisOner's) counsel
made was ruled In his favor. The Jury was con.
ssSlsntiOgs, and AFTER long and protracted sss'
as indicted. In this verdict the court ooncurred
and nothing that has been subseque ntly Ad.
duced has changed the opinion OF the court as
70 his Tho pTisODoTs) guilt. The jury was pOlled
In the hope that some one would not indorse the
verdict, but each one responded In hrm voice
guilty" Concluding, the Judge said "On
Wednesday, the 9Th day OF November, 1874 be.
tween the hours Of 10 .. m and p. m you will
DO taken from the place OF lmprlEOnm ent and be
hung by the neck until dead. And may II be
that In the inteTim some good cause may DO de.
VOlOped why this sentence should be changed;
and II not may He who will finally Judge all meI
Judge you In his mercy"
Wood was accompanied In court by his step
daughter and his brOther.ln.lAW, Mr.. Boyle
He seemed overcome, aud walked TO the jail
with difficulty. He has since become more calm
and resigned.