, 1873-02-16
RAFFERTY,.
OMeara's Murderer Again Sentenced
to Death.
March , the Day Fixed for His Exc
4 Feeling Address by Chief JUS
tice Williams.

At haH-past o'clock yesterday afternoon, i
The Circuit Court of Lake County, Eitting =
WankeEsn, Chief Justice Williams presiding
christopher RAFFERTY,, the murderer Of. Polio
OMcer Patrick 0'leara, was eentenced to dealt
for the second time. The prisoner was brough
into the courtroom before the large crowd wait
ing outside the door was admitted. He looke'
remarkably well for & man who knew that hi
doom Was sealed, and laughingly conversed will
his counsel, Messrs. Small and Searles. Nor
and then, however, q sorrowful shade wouls
come over his c0uutcnance. rs he looked out up
on the bright sunny day and the cheerful land
scapo that wss visible from where he sat
When the outer doors of the Cour
House were thrown open, the large
arowd without thronged Ii, and soo1
filed every space in the circumscribed hall O.
austlce- Those who could not gain ndmittance
mounted the banistors and window scats in the
outer hall, where Bell aud Kennedy were hung,
aad strained tEeir eyes and uecks while the pro-
'ccedings within lasted.
Before the Court WAS formally opened, the
Chief Justice ard States Attorney Reed and
Mr- Small consulted together over tho bill OF
exceptions taken by the defence. Some unin-
portant orro:s III it were corrected, and then the
Judge attached his signature. The rulings Of
the Court with.which tho prisoners counsel par-
eularly join issue are the overr1,linS OF tie mo-
zion for new trial, the rejection Of evidence
touching the validity of the warrant which
Officer ScaElan served upon Rafferty,, and the
rejection OF evidence concerning tho 1atter's
drunkenness Immediately preceding the murder.
When the lawyers had disposed Of the bill to
their satisfaction, the Sheriff, with the GUS
frY7 t. raf ofa1r lad
the attention Of the spectators to the fact that
the Honorable Circuit Court Of Lake County was
in session.
/ lstate's Attorney Reed asked that sentence be
passed upon the prisoner.
Mr. Small desired to know if the records Of the
Court showed that the motion for new trial had
been ove1ruled, and that leave had been asked to
file q bill Of exceptions.
The Court Instructed the Clerk to make the
necessary examination. Thst functionary re-
Piled that the records were complete.
The Cou1t-Has the counsel for the defence
any further remarks to make2
Mr- Small-Nothing further, sir.
The Court Let the prisoner stand up.
Rafferty, firmly rose from his chair, adv1n ced q
pace nearer the bench, and looked the Judge full
in the eye.
The court-Haye you anything to say before
eantence IS passed upon you2
Kafferty-1 amt got nolbing to say.
The Court then said:
81 Ine september term 01 the Criminal Court OF
Cook County you indicted fos the murder Of Pat
rick OtMeaIa. Subsequently you tried in Cook
County, and verdict Of guilty rendered. and the
punishment dzed by the jury at death by hanging.
The Judge who tried that passed upon the Ques-
tion Of your guilt. When motion for new trial Vas
made the Court thought th1t the verdict right else
he would baye undoubtedly given you triol. The
case then went up to the Supreme Court the Su-
prene Court reversed the VERDICT and sent back for
county, and trial WAS had before jury taken from
the body OF this county. That jury emphaticaly
= jury OF your own selection. The Prosecuting Attor-
ney in the exercise Of his duty Prosecuting Attor
ney, claimed that the law should be enforced with re-
gard to the selection Of that jury and you should
not have ~ the challenges which the Court granted
you In the exercise OF extreme caution and with re-
Erd for your interests, extended those challenges
even beyond what the law gave you conceived the
hsa formed any impression which it required testi-
99y to remove. and the jusy. sfeE herring all the
and 6zed your punishment at death by hanging. A
motion was then made for tr3al which motion
ovez1ued believing ut the time that the verdict Of the
jury Was right. II know how to giye man fair
tal have given it to you. have extended the law,
snowg almost - Ittle nbout this case aa the Jurors
fhts tried 1t. came here with no feeling Of unEud-
ness toward you, and have now The OILY feel
ing. 40 far as know which actuates my own breast
pathy for you. Il I did not have Sympathy NIX Tor.
you certainly should have sympathy for your poor
blind heart-broken mother, who WIS here, aud who
But although came here without any knowledge Of
the fscts Of the case yet hstanng to the evidence
which has been adduced before the jury, have no
doubt not only that you killed this man, but that you
Filled him with much de1iEeration, with SO much of
what the Law calls malice prepcnse that it was murder
who was doing you no harm, who had never done you
y my .1sss3 burn ~ Who ~ Lad asysr
others 9TH: t,4 to arrest you, but who, at the
though his hear, taking deliberate aim for that pur
Iose begged you not to shoot him. Not only that
5ou turned on another man who had done you no barn.
except merely reading, as 1t appeared in low tones
Ta1ant that he had for your arrest ind attempted to
ehoot him. Iou then escaped, wandering about until
5on were taken by the officers, AL this makes out
cleaE unquestionnhe case Of murder, 1t seems to
me,
And now in passing sentence upon you it is not the
Judge who passes the sentence it is the law l. as
!te minister, pass the sentence, and with feeling
toward you personally but Of kindness But be-
e7e that the sentence which about to DIES ia en-
1rey just Tho law requires to FIX the time of
sentence at not less than fifteen nor more than
twenydvo days from this time. It is short time for
man to prepare for solemn event aB awaits you
md do hope that it may be spent protably By you
Tie sentRnce upon you is that you be taken from |
he bar Of this Court to the Jail Of this County, and
here esfely and securely confined until the 7th day Of
March next, and that, that 7th day Of March |
ae1t, between the rising and the setting Of the !!
un, within the wallis Of said jail within yard or
nclosure adjoining said jail, You be hanged By the
nd may God In His Infinite mercy have compassion on
'our soul.
The only portion Of the Judges affecting I'D
ires6 that seemed to touch the prisoners heart |
vas the allusion to his unhappy mother. He (
,ulped down a sob, moved his hands uneasily, |
nd then looked aa placid and unconcerned as |
'efore. At tho conclusion Of the address he |
paau:
" The Judee treata7 ma nrettv wall d;dn,+