The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-10-28
MR.. NOES ASSASSIN'S FATE.
JOHH DOLdN TO M HAHGED on
THE mann or DECLWBER.

John Dulan WIS convicted yesterday OF
niuructinu james r. Noe. the trial ~ thrcc days
dura love tndiug with thnt oxucctcd Vetdict.
THE speech making was begun yesterday morn
ing III the urepcnce ~ On assembly like it, pre-
derces Ofs Ia ,spcctaliity. The family and
many fiicnCs of sir. Noe were in tire cou trooin,
the latter including the Rev. DR.. DoWinl, MIR.
Henry Berrb and MIR. Alfred G. Cheney. gem
err interest ~ the Gaze also collected man, law
yets. Z ho jury had not been inprieonod to-
re.her through the night, the hopeless ness OF an
escape ftom conviction inducing tue prOsccu-
ting and ii, fcnd,nG lawyers to unite IN consent
ing to that lcnicncy. They had however,
been cautioned by Judge Barrett against read
inc or talking about the case.
tx Judge George M'Cuetis, delivered The ad-
drsse for the prisoner, speaking for about two
hours. The difficulty OF his theme was mani
fest. lie conceded the murder OF MIR. Noe by
burglar, but not Ivy the confessed fclon on trial
for lie insisted that the circumstantlal evidence
az. ns; HIM waH not conclusive beyond a rea-
sunahe doubt. The blood stained handker-
chief with which br. Noe was gagged, and
Wilton, according to Delta Wards recollection
like one tnat she had seen Doan use was
not proof AGAINST the prisoner To assume that
these two handhcfchio q, II common KIND
W. re- the same was not iudicaly fair. As to
crty not more convincing. the existence
" many euch canes being probable ana 1t
was prepostcruus to SUI pose that the murderer
would have let "a wcai on On the roof Of the
brul h factory where tins cane was found. MARY
Reed and D,lil ward, the girls who gave most
Of the tcftiu ony against pOlnn, had been cm-
Filtered against him 10y a quarrel. and the
pulio O. melted by public clamor. had selected
Dol u fer scapeeoat. he fact that Dnan did
not quit the city, as murderer would have
done. should have weight in his defence. A to
MIR. Noes watch, " WAS admitted that Dolau
pawned II, but his explanation that a man gave
It to him to dispose Of was entitled To belief.
Black. the pawnbroker who supplied this link
In TIE cham Of evidence, was receiver Of
ftolen goods, and bv TINS service would gain
future protection in his leisincss from police
DEPARTMENT whose President was the author Of
book for tue educ Of young thitNcs.
What W . q darliug bundle 81 clothes. win a
feon inside tuCnI, compared with tue tmpor-
lance 81 scheme for the Influencing - puuhc
op.nion IN favor ~ officials MIR Cdtts 81 scd
with an appeal based ON the frequent ihll icY 81
Circuust intial eva nee. quoting from tne hooks
the history Of many innocent persons who had
been la. Rcd
THE PROSECUTORS ADDRESS.
District Attorney phelns terselv rccited the
facts OF the encounter IN The brush factory. pre-
fCuting II with the ViviIres- Of picturc-the
qu.. tior, "Wh 10 are YOUR" and the answer. I'm
thttf,' the rrauule OF Nr. Noe Win ihe bur
plar. tue burriat's i,sistanct, and the dcHGiy
uHc uf the heavy trun brush tool; MI Noes az
peal for mercy. and the theirs reply. " VIII not
| trust lOu; and the ni-ht q the murderer.
! After honorable mention ~ Us. Harris, VINO
| mace the yeril Nus descent ~ steep root and
/ rcle sed Mr.. Noe irum lis bund-.tDc ID tlct
! Attorney appl ud me detective Mnf".
| wuicn ne lNc credit 10 the skill and
| Perseverance - Police Superintendent Naiinr,
| UucIrntaE WIN the sac Of Mr.. Noes watch
on the after the mArdei, and IT. hume gu at
! recovery ~ the police. Noes murderer wa- idr
| weeks un-usptt ted, und WIS eventually detect
ca thfpu-h Tao Uos'il tloh OF nm gwen o. Mr
| Noe aud the pawubrDker. Nr. Noes words
| were; " lie had "a f.cc like a tullduc, apd look
| ed Ike u sneak tbiel; ana SAID MT. lhtins'
| puintiug to the hrutC-vistged tri-orer. Cen
usemen Of the .ry' you there see the acc ,i cy
! a. t. where he got the watch were inves ugatcd
| by the detective, until w" girls with whom he
! the moueey mead had been found hidden on the
roof Of the brush factory nd tue handkcrch {
| used az q gag wsS also Ia SUPERINTENDENT W ait
! inc's oiloe. The finding ~ The cane had cen
! Kept "A sccrc', and 60 ''se girls could have
| known notutng 81 it's sirnidcnuco. nor did They
VT they at once r,clllected tha, no had carried
acan~ like It. They also idenuhed the handh T.
| same or like ouC be had owned. thus four DIS
! CON ecied hue, Of cyidence-tr. Noe descrip-
! ton Of is murderer, tie p4wned watch. the
cane with htav, head, nd The bloody hand
kercniet w re followed straight to DOl.n. Inc
spec CHI lasted an hour and "a hHll.
THE CHARGE.
they need not consider whetl or the murder of
MI. Noe lad been premed ttatt j, deliberate, OF
even Intentional. Tho law Disseminated against
a murderer who killed while IN the commission
Of separate felony, and declared a kuhng so
done To lie murder In the nrst degree, no matter
II there was no inteutlOu to kld. IN I, ms
Honor said, settled the grade Of the crime IN
this Instance and left the jury SIMPLY 70 decide
whether tue prisoner or somebodN else was tue
| lerpotr.tor II the deed. lie next went otrr the
points Of the te~timony and called the jury's
attention to tue importance Of looking at the
time oil the nIILi r, men wa. between 81. 4
| And nine o'cluCk ~ the morning. The prisoner
ewore tuat he went home at a quarter before
! eighf. changed his clothes, aud returned at nlut
to Richardson's barroom In the Bowery, and
thar bartholomew Sweeney W with him all the
time. Sweeney teStiht II, alter being excluded
from the court room while DOl4n Was ON the
Rtaud, that ne walked 10 bavard street with
DulAu at q quarter past eigut. aud met him u
the sane place at nine. Then Dot Ms cluthe'
we're unchanged ana he Gaid no was goin. nome
& DIRE s. as he looked ike II torn yalse.'
Sweeney was the only witness called TO SUPPORT
the theory of an alihi ana his testimony wAi
more hurttul than helpful TO his friends cause
| and. besiGes, sweeney admitted that he was
thief. Judge Is rrett enphasiZed these contra
dc ions. and asked the jury to consider care
fully whether Dolan had plausihly ccounleC
Tor his possession OF Mr. Noes watch. Hi
charge was, as a whole, although in no way un
fair, strong against the prisoner, and II endeC
with al injunction to the jurors 10 discharge
their dulles eonsclentiously and ieafiessly.
SUSPENSE.
Dolan seemed depressed at this juncture, Al
though ~ casual observer might have deemet
| him indin, rent. His coarse face Il not OF th'
| kind TO snow emotion readily. The jury retired
| OF ten mlnui es beloTe O'Clock, and tue Gas WA
| not vet lchted. The court room was In sOmbri
| shadow. dee uening every minute of the interva
| OF waiting. A verdict was generally expected
without uelay. I he whispering was low, anC
| there were no discordHnt breaks in the peri
OF SPONTANEOUS oecqrum. A ri, nd leaned owe
the railing back OF DOlan and asked him Nha
ne expected.
"lhe g,rs give me away bad" he answered
I'm afraid IT, all up with me-"
One u the gir.a WAS Mary Reed, his young an,
| pretty mistress, who had gwen some Of the con
| VnCing testimony against hlm. she was thcl
sitting In corner OF the room rallied OF for wit
nesscs VINO have been imprisoned ia the Hous
Of Detention. She was holding handkerchie
over her face, aud the convulaive movements o
| her BODY showed that she sobblng. 1hi
LADIES' uf Mr.. Noes family, too, sitting In thel
deep mourning ATTIRE as they had done through
out the trial, were weeping. Dol N Sat with ui
hneers intcrlaced, as though holding his hand
ny main strength from trembling.
| GUILTY
There were thirteen minutes OF this waiting
and when the jury entered DOlan turned lowar'
them they took TIER seats, looking nj then
sulleny, aud was paler than before. The roll O
Jurors was called, and then they End Dulan wer
told by Clerk Sparks To stand.
, Prisoner, look upon the Jurors" said tn
Clerk IN a voice that was solemn, without AN
tnge OF forced gravity. Jurors, took upon tn
prisoner" Ihen, after slight pause witch lief
an nstant Of utter. impressive silence, " How