The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-17

her room. But fear oyercame every feeling OF al
fiction or gratitude (lor the accused had been de-
voted her) and she lent all the aid in her power
to hurry on Mortimer to the Gaows IL appeared
that year and half before the murder tae pris-
oner was employed Dy larmer, residing lew
miles rom Sacramento named O'Neil, ana that
Mortimer introduced the girl as MS wife, Iney
both took up quarters at the farm house. O'Neil
generously giving up has sleeping apartment for
pair decam ing oue night and taxing with them
ali the money and other portable property upon
whcn they could lay their hands ONei pursued
and overlook them and recovered the greater por-
ton or what was stolen.
Az A WITNESS FOR THE STATE
Carrie testified that Mortimer when he brought the
dresses and jewels OF Mrs. shaw to her room,
Iold ner TO say, II they were arrested. that they
were got from u man named George, and also TO
say that they had been at the circus. She further
stated That she was always In great fear OF the
she knew his hands were stained with the blood Of
two innocent women. Carrie SAID emnhatically 81
ws my asnas 81 a Tine hair with flesh at
in his charge to the jury, made little or no re err
ence 10 che Iacts OF the case. lie confined himself
stituted murder. A verdict OF guilty in the first
degree was soon rendered. No sooner was the trial
ended than Carrie Spencer was arrested on o
charge OF burglary committed in another county.
THE DREAD JUDGMENT
On the goth OF March Mortimer was brought up
for sentence His counsel. 3 G. Oenson moved
for new trial on the ground that the prisoner was
entitled TO it under the law existed when the
offence was committed, and that IL was error to
OF newly discovered evidence which would show
where the prisoner was on the night or the hQInt-
eide, and On the ground Of the bias OF one OF the
Jurors. The application wss aoniel, and the
supreme Court the tribunal Of last resort
few days since sustained the decision. Judge
Reardon, In pronouncing Judgment, SAID =
Oft, to call before your mind at this time the hof-
rOrs and atrocity Of the act for which you have
been convicted. Sufficient Tor me to say, rom the
evidence am satisfied with the verdict OF the
jury and do not well see how a different verdict
could have been arrived at by them. Alter having
seen no reason to grant you new trial. 1t now
only remains Tor me to pronounce the dread judg-
ment
THE AWFUL DOOM OF THE LAw.i'
To- While Judgment was being pronounced the pris-
0ner displayed no emotion Whatever, but looked
% sas az 9e fs
death warrant and delivered 1t to the Sheriff. 1t
was drawn as required by the new California code,
nature, did not state the hour or execu-
tlon but left 1t optional with the Sheriff what time
the extreme penalty OF the law should be carried
out. Judge Reardon, it may be added, presided at
the second trial OF Laura Fair when that .OrOus
female was acquitted. His rulings and charge to
the jury certainly contributed nothing to justify
the result in that remarkable case.
PERSONAL APPEARANCE OF THE CONDEMNED
OF Mortimer, which was believed ana as it turned
out to be an assumed name. He would give no &C
count OF his family and no one in California knew
anything Of himself or his connections before or
after his arrival in the State save the commission
OF crimes that brought him into the meshes of the
law He was about forty-eight years old, quite bald
on the top OF his head with long black hair, mus
tache anu whiskers. Undoubtedly he passed the
best part of his lie in scenes OF turmoil, crime and
and intelligent appearance. Mortimer Was worried
most by the treachery OF Carrie Spencer. He
had been devoted to her, and while she
wait upon the girl. he insisted that she
had been tempered with, that a conspiracy had
been formed to take his life, and using his own
demanded miserable
creature Carrie was influenced to do as she did,
have no faith in humanity or Justice" The con.
demped man expressed the opinion that II he mad
never made cOnfldant OF her he would not have
been convicted. At the trial he declined to be ex
amlned as witness on his own behalf or at least
He explained this by stating that as the Court
wrongfnlly took the girls testimony there was no
use Of his speaking w0rd-"ohe got the biggest
end Of the rope in lying"
A TRAGIC EPISODE.
There now came tragic episode in the case,
which brought to light the family affairs OF the un
fortunate Mortimer. 1t cost the life OF his brother
and gave touching proof OF powerful fraternal
affection. There arrived from the Eastern States,
by Pacific railroad at sacramento, on the Sth April
three weeks alter the conviction OF Mortimer,
young man who registered at the City Hotel us -.
II. Williams, Jersey City, He was under medium
size, not very stout built, with brown HAIR and
mutton-chop whiskers. His general appearance
was that OF a highly respectable man, and his like
ness to Mortimer was plain to be seen. He had
plenty OF money and was frequently TO be observed
In the saloons, and becoming talKatve, often spoke
man was innocent, and on one occasion he pulled
out bundle. OF papers. remarking that they con-
tanned everything, and that In few days the pris-
oner would be at liberty He admitted in conf
dence he was Mortimer's brother.
BROTHERS, DEVOTION.
lie was permitted to visit the Jail on several Oc
casions but was not allowed TO have any converse
ton with the prisoner. He was noticed to gaze
fxedly at Mortimer in his CELL but not word passed
between them. Between two and three O'Clock on
the morning OF April 10 loud ringing OF the bell
at the jail door awoke the keeper, and, with cooked
III In hl nd IN Un nt lU no
was moonlight, and there was nobody visible in the
yard. He advanced towards the gate and suddenly
handkerchief bound around his head. The keeper
instantly fell on his knee and fired. The ball took
effect in the breast OF the intruder He red again,
and this time the shot entered his mouth The
man, after being thus twice wounded ran into the
jail, and, alter going round the tier OF cells, stopped
iron grating to its inmate, who clasped II, and
HIS BROTHER FELL DOWN CORPSE.
The guest of the city Hotel had procured aladder,
and by means OF line had descended TO the yard.
His object was TO effect the release OF Mortimer,
and ne made the reckless attempt without any
confederates. On his person were found two
pistols, one OF which he had purchased few days
before dirk diagram Of the interior OF the jail
and badge or the Grand Army OF the Republic. On
his arm were the words, civilian j. Flynn, Lynn,
Mass.r There can be little doubt that Mortimer
recognized his brother. and was aware of his in
his boots when the firing took place, but ne GER
tainiy was right in expressing Indignation at the
suOOllHH VI UTOtHeT, anu asking WHY tue
knowing him to be proving around the JAIL and
that his suspicious character was subject OF town
talk in Sacramento, had not arrested him.
SECOND VISIT TO THE CoR0NER'S OFFICE.
Mortimer made another visit to the Coroner's
ONCE On reaching the rough board coffin he in
stantly recognized the remains, and, after looking
long and earnestly upon the cold stark contracted
features OF the deceased. placed his hand anec-
tionately upon the corpse and exclaimed, "fes,
that is my younger brother, and he was twenty
nine years old last Christmas. ] had not seen him
for sixteen years until he visited me in the jail
few days snce.n The body was further Identified
by Mortimer by the mark Of wound on the fore
head, inflicted by stone he threw one day years
ago, and by the dislocation OF finger, which hap
pened when he was boy. The C0r0ner's jury ac-
quilted the keeper OF all blame for the killing OF
William J. Flynn. On MOrimer's arm appear the
letters marked with India ink, two Ms and an +,
leaving no doubt OF the family name being flynn.
Further developments have shown that ne had
four brothers, and that their original residence
was Lynn, Mass, where they were all born.
Anon, sEg Ylan EH1 pisnu one Of the
brothers, arrived az sacramento. HIS oDlect no