Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-10-03
THE DEATH SENTENCE.
Murder Of Hahn, the Dr0yeP.
Henry Young Sentenced to be Hanged
The Execution TO Take Place Nov. 18th

The Execution TO Take Place Nov. 18th
This morning in the Criminal Court, Judge
called and discharged for the Term, Henry
Young, alias Charles Williams, convicted of the
murder of Frank Hahn, the Virginia drover, on
by Bailifs Paxton and Mason, and he was
sentenced. General Mussey and Mr.. GARRETT
of his counsel, were present.
Mr.. Harrington, assistant district attorney,
brought the case to the notice of the court and
asked that the motions interposed by the de-
fence might be called up.
REMARKS BY COUNSEL FOR DEFENCE.
General Mussey then addressed the Court as
follows:
May it please your honor: My associates and
myself have, after full, correct, and careful de-
liberation, come to the conclusion to withdraw
the motions heretofore entered by us in this
case, viz: A motion in srrets of Judgment. A
motion for new trial on exceptions taken during
the trial. We have done so because we did not
feel IL was consistent with that perfect frank
ness which should characterize the intercourse
OF counsel and court, for us TO consume the time
OF the court in presenting and arguing questions
OF law In the sOundness of which we ourselves
felt no confidence. Our exceptions went to the
Introduction of certain testimony. We believe
it was improperly introduced, but looking at
the matter even from our own point of view,
we do not see that its exclusion would have
changed the finding of the jury. Our motion
TOT a new trial was mainly founded upon a mis-
homer of the man murdered. But the evidence
we had hoped TO produce of that misnOmer was
not Obtained IN time Tor the tTial. And we do
not believe that the sound principles of law
would warrant its introduction now. Therefore,
your honor, we withdraw the motions by which
we bad endeayOred to interpOse between the
verdict OF the jury in this case and the solemn
duty imposed thereby upon your honor.
With deep feeling do we make this announce
ment. For we have conducted this case upon
the honest conviction that this prisoner was not
guilty as indicted. And now that we see only
one further avenue of escape open to him, we
cannot but feel that if we had had longer time
a Nnr
We might have done something perhaps to in
duce the jury to think with us. Yet, your honor,
We did try to do our best, all the circumstances
considered, and we believe our present course,
though il may subject to some criticism, is
the most honest and appropriate course left us,
and that we had better give-as we shall-what-
sentation Of our facts, shut out here by the law,
TO the Executive, in whose hands this mans life
now lies.
REMARKS OF THE COURT.
Judge Macarthur said: Perhaps II is due to
the case before proceeding further with il that
the court should express its views of the course
pursued by the defence in Withdrawing its sp-
plicatiOns for a new trial and in arrest of judg-
ment. do so cheeIfully. / am free TO confess
that never since / have been on the bench has
there been before me a case more free from
doubt, so far as the technical principles of adj
uniting testimony, &c, are concerned. And /
think, too 1t is equally clear that on the testi-
mony the verdict could not be otherwise. The
motion In arrest of judgment would, ] suppose,
have been argued with the customary ability
and earnestness of counsel, but 1t could have
awaited nothing. For the prisoner had pleaded
10 the Indictment, in which the murdered mans
name was set ont, as it was proven by all the
witnesses introduced, to have been generally
received and understood. l think, therefore,
counsel are entirely justified in the course this
morning adopted by them. These counsel were
assigned to this onerOus and responsible case
by the court. The prisoner had no counsel and
no means TO employ any; nor are there any
means to pay those assigned. Their services
have consequently been gratuitOus. 1t is part
of the generosity of the bar that under such
circumstances they give their best effort to the
defence of persons charged with crime, for
which they can never be paid. The duty de-
vOlved upon these gentlemen has been dis
earpestness, and that there remains between
the prisoner and the sentence of the law
10 technieality of law is not their fault.
THE SENTENCE
The judge then addressed himself to the pri-
soDer, who arose. The court proceeded to say
that the prisoner had been found guilty of muir
der, and of murder of great atrOcity and bru-
tahty. HIS counsel had given notice that they
apply TO the Executive for his interpOsition,
but he could give him no encouragement that
that application would be successful. He urged
the prisoner to waste no time in vain hopes of
such clemency, but to spend the few days re-
naming to him on earth to pseparIng to meet
the sentence of the law, which sentence is:
"1hat you be taken hence TO the Jail of the Dis
triCt whence you have been drought here, and
that you remain there in close confinement
until Friday, the 18th day of November next,
bSt"SCn tuO houis VI ~ d. III. anu p IN, Wnen
you shall be taken thence to the place of execu-
ton, where you are TO be hanged by the neck
until you are dead, and may God have mercy
upon your SOUL"
THE PRISONER
showed no emotion whatever, but il was noticed
by the bailItts, who, after he was handcurfed,
escorted him to Jail, that he was in a subduei
state of mind. Just before he arrived at the
jail he remarked, 81 expect that the one month
and eleven days which remain to me will be the
happiest of my life. will die innocent, for
had nothing to do with the case except 10 make
the slung shot" He also asserted that Mr.
CarrOw las right as to the scars on the face,
but they were on Haney's face.