The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-07-09
TIE DEATH SENTENCE.
Tuylor SIrauder Sentenced TO be
IIang on the 10Th Of AuBuSt""Ehe
Court Of Appeals his only Hope



uapg on the 2Oth Of AuguSts'The
Court Of Appeals his only Hope
SENTENCE OF sTRAuDRR. g"
Yesterday Taylor Strauder, convicted
Il lew weeks ago, of the murder Of his vile
in this city, was brought into court il
custody Of the jaiIOr, when the cort pro-
cccLed to consider the difficult questions
presented by the counsel for tho prisoner
-Messrs Davenport & DOveneE-on the
motion lore new trial Of the cause. Inc
Judge proceeded TO consider them In thell
order In an oral opinion Of considerable
length, holding against the prisoner on
each proposition. They related mainly
to alleged erroneous rulings made during
the trial, except Two Of them which were
based on facts coming to the knowledge
ol the prisoner and his counsel subsequent
lyto tho trial. Thesewerc alleged dis
qualification Of several Of the Jurors re-
sultiug from alienage in one case, and
the expression Of opinions adverse to the
prisoner before the trial; and also newly
discovered evidence bearing upon tht
merits orthc cause. The Judge held tha
both at common law and under the statute
alienage could not be taken advantage o.
after verdict, although II would have
been cause Of challenge before the swear
ing Of the Jury. As to tho expressions Oh
opinion, il was held that as they were
made about tho time Of and during the
excitement attendant upon the murder
and could not be considered as deliberate
or well.ioundedl and as the juror both be.
fore being sworn and after the verdict had
testihed 10 the entire absence Of all bias
or prejudice, they could not avail to affect
the result arrived at by the jury The
newly discovered evidence set forth In the
atfidavits was held not TO be admissible
in any event, and consequently 1t could
not avail the prisoner on this motion
Upon tho conclusion Of the opinion. the
prisoner, after being directed to stand up
was asked il he had anything 10 say why
sentence should not be passed upon the
verdict. he replied simply; u don't
think I've had fair trial" The Judge
then proceeded to pass sentence. Wecar
only give q very brief outline OF his re-
marks 10 the prisoner.
In response to the remark regarding The
fairness Of the trial, the Judge stated that
the Jury was composed of intelligent gen
tlemen, who so far as appeared, were en-
tirely unbiased, and who patiently listen.
cd TO and weighed the evidence for and
against him, Sand that in tho opinion Of
the Court, the verdict was fully warranted
by the evidence. No other result could
have been reached. Laying aside the
testimony of the child Of the woman
whose lie had been taken, who was pres
ent at tho horrible affair, the flight OF the
prisoner, and his subsequent confessions
left no room for doubt. The circum-
stances attending the murder, the want oil
all provocation, and the brutality dis
played, were referred 10 in general terms
rs probably influencing the jury in the
exercise Of their discretion, In atiXlng The
death penalty instead Of imprisonment fol
life. This was not matter for the court
The verdict Of guilty was the only one
that could have been warranted BY the
evidences, and under the law, the punish
ment tor the grievous crime otWillul muir
der, when the Jury fail to name imprison
ment, must be death.
Tho Judge alluded to the seeming cal
lousness displayed by the prisoner during
tho trial, and deprecated his failure to ap
preCiate his terrible situation, Upon tria'
for his life under charge OF wiliul muir
der, the murdered woman being his OWE
vile, and the main witness Of his crime q
child Of tender years, and member OF hi'
own household, her testimony sustained
by proofs piled mountain high, a mort
commendable appreciation OF the horrible
drama In which he was such Conspicu
Gus actor should have been exhibited. Ht
was earnestly counselled to abandon ex'
pectatiOns Of another trial, TO repent Of his
misdeeds, to place himself under the
charge Of spiritual advisers, and TO try to
make his peace with the Almighty Being
whose law he had violated by his fearful
crime.
The formal sentence was then pro-
nouHced: Tho sentence Of the law is that
you, Taylor Straudor, be confined in the
Jail Of Ohio county until the 2Olh day oil
August OF the present year, and that, on
that day, between the hours Of 10 and 4
you be taken thence to the place OF execu
ton, and there be hung by the neck until
you are dead.
ThGprisoncr was then rcmanded TO Jail
During the judges remarks, and while
he was delivering the sentence, Strauder
maintained the same apparently inditier.
cut dcmeanor as throughout the trial. He
seems 10 wear upon his face continual
smile, and yet We arc inclined 10 think
that this smile cannot be represscd and Is
no indication Of the feelings OF Strauler.
1t Is merely tho natural pleasant express
Ion of his face.
Strauder's, counsel, Messrs. Davenport
and'Dovener, arc already busy preparing
q bill Of exceptions which will DO placed
before the Court Of Appeals which meets
in Charleston on the 4th Of August