, 1876-11-24

tho arr,1Rnmcnt OF the prisoners, while
III the streete were crowds who watched
for tho approach Of the procession from tho jail
to the courtroom. The three brothers were
male ready Tor appearance IN court, tue shackies
from their feet rcmoyc1, and the three hand
cuilcd together, Cole In The middle, Bob upon
md two deputies, the guard Of men
urmed with nceo-guns, and the aunt aud
sister Of the prisoners n1ade up tho escort,
tho boys stepping OIL huoyantIym "a and emitting to
WIS reached by tile back-hta!rs while the crowd
rushed In at the front door. The prisoners took
seats near the JudGe's bench. Mrs. TwyInannn nn,l
Miss Younger at Their stde. The la1eswe weru heavily
resemblance bGtwccu tile Sister and jim, ami the
very distinct .racrs Ut famlly features a1ikc In
the face OF Cole, the older af the brothers. The
Uoyn looked ,well-tIcy were neatly dressed,
vorsncss. Hob smiled serenely rs he turned to
make d rumark to Cole, at which the tald-
headed brother seemed somewhat amused. dim
deferred to Cole, rs usual, and claste1 uuw and
with JIns black felt hut. upou Miss Younger's
fucc there wns no other expression THAI u un-
utterablc sadness, and, With the exception ot
but now and ttlcu Elancc nt her three
was about her, aud taken up with hcr
own thoughts. Court WIS rallied to ordur, sl,cr-
TX Barton oruerod tie crowd to find aeats, ard
Mr. Baxter, advancing to tho Judges stand,
holding III h1s baud the threc Indictments,
said:
"The State catls for the -arraignmcnt OF
Thomas ColeInan Younger. Ja1ncs Younger,
md Robert Younger upon Indictment NJ. /,
os oq11 he ss aaer 4 sis Joseph Ga lie LIE S
3" The prisoners are III court and prepared to
plead" said Nj. Rutlcdgc, rising from mis- seat
uud advancing.
We waiyv Tint ceremony, We watye ft,n
satl Mr. Dachciler stIt is only q ceremony,
aul not essential" and b. advanced anu
sPSke 4soas, t. Mrs. gwSsn 1no n1 s1 YspgG, %g
CHANGE in expressior1 and only one Or two
ncrv0us movements of the hands upon the part
Of Cole. Then the counsel &or the defense anu
tile prosecuting attorney entered Into consulta-
tivn for q few tnolnents, at the conclusion Of
which the irons from the wrists of the prisoners
were removed.
dCall tnu prisoners up, ono by onc," said the
Court.
~ Gail for tho arra!gnmcnt Of Thomas Cole
man Younger" suid Mr.. Baxter.
Colu rose SLOWLY. walked cooly to position
directly III trout Ut the Julgo utll neat to Mr,
Dnxtcr, the two looking each other completely
~ the syc. Ills laltls we're behind Ills buck and
then Tell ncryously ut his eide.
H. H. SaHter Saa Gndetstana w:h
one TINT ,sf For the murder q Heywuod.'
"ics, ! rlead guilty" he said. 1twas uttered
heard beyond the railing inelosing the part Of
the court-roum set apark for the use Of the az
turucYs. The Court moved ILLS hand, and Cole
marched coolIy back 10 his scat md settled In
relief swept over Ills face. Then camu Jim, mud
tho same sccne wis gone through with, and last
~, Bob, muro cool aud Indifferent than ever.
All pleaded guilty to tho indictment for the
d shall moSc,n said htr. Ba1tcr, "for the
i,npanellug or Jury, to asccrtuin the degree
OF tho guilt of the prisoners, and, as under
stand tic COUNSEL for tho defcllsc desire to urguo
the motion, shall ask that 1t Ge postponed ILL.,
til this afternoon"
~ will hear the argument at o'clock" re-
spondeu the Court, mud the scene In the court
room, was ut IN end. The irons wero replaced
took their PLACES, and aown thD back,stairss
prisoners and escort marched, while the crowd
surgcl out of tho front door TO tho courtroom,
NIL asking what tho plens had been.
Once ilisldo the jail aEan the irons wcrc 70.
moved. Bob commenced joking md laughing
with tho ether prisoners, nnd WAS as coOl nn1
indifferent as though nothlag at all had hap
pencd. Colr md Jun wanted M4yor urackctt,
Northern Pacific, .und thu press representatives,
to take erats, aua tho party entered into All i,'
"oh, yss," said Cole, ~ guess we have done
ssnt sps II .e u s IN gntsg% Ms % ,s %dss hss
nieuls, md got q verdict of murder III tho sec-
oud dsgrce, which would l,ayo been the sa1nc
punishment as though w plead guilty, aud l,cr:
have been thisty years, Which is about tho san.c
thing. Eve seen good deal of the world
anyway an! might ns well go into retirement"
anH then, Utter pa''se' VII; -, sinstpY q prdc
!ncnt does iiot charge me- with lie murder u
Haywood; simply with being accessory TO It,"
70 the other three indictments the pris1uers
will not be called upon to plead, but on the mo
jury inny Io impaneled and possibly tho death
pcnalty imposed. ...
brought Into court, o. tnry had been III the
ssn liver. Wy Y sss fslf u ,ft
most IL afsg ffaSat to % osea Sa1'ts 70 'isfa %eanei i,
Jury to pass upon the dcgrce Of guilt Of
ees., s partaatcl by by csro that The he Court pass a
thu statute. 1t was sasceptIb!e,, perhaps, to
n,uro tAan one meaning, nud was W no means
ths Legislature ii enastIng tic law to allow
Jury, srlrctcd irun all classca OF tho people,
to puss upon the question ~ cascs where
tho plea Of guilty !s entered aud actor:
tbs case uIc Of such atroclty, or hrinousncss as
TO meet tin extrclno pcI,alty Of tha law, aud
that 1t IL within the sc0pe " tho Court TO ~
! order jury !mpaneied for that purpose. II
I &uEll IN kllV SAhEp wv AQHJt A&l6Hk HlNhe lO4
Itself ruir In this case, without departing fIr-
Mr. Ruitsgu responded. lilo thought IL was
| p]atn that tIlr Legislature Intended ~ do Just
what i bal donyt-lutcndsd y abolish ths YEN.
| tint It WIS impossible fur the prnalty Of death
to be lnposed.n my ease. II WIS tue fuu.t!on
u tie Court to imposr tile pcnalty, and nut the
| Jury, that la,1y nut brlng judicial body. It
wus only in thu one case wuero they were calle!
UPON 10 pasa upon tho guilt OK inn~ctlsc of
| tie prisoners that II was under thu statutes
| within thulr functions TO determins what should
10 thu punishment. ,Thyru IL not III the law any
rulu authorizing thu impancliug Of . Jury
| simply iut tho imposition 0t tue punishment.
After some further argument, the Court satd
! there lad been so,na discussion ot tho question
as to the meaning Ut tho law under consldera-
tion, more perhaps among layn,en than lawyers.
II Is sulu of construction, he said. tat there
IL nuy Doubt 1t should be decided III favor Of thc
pFlsonc!. but here there was no constFustiou
To nuke. The statute states that whcses
Jury ia impanse4 to try, 4 cass of
murder IN the arst degree Y may ", pass ~
| t1nno&el. Il it'lhall b. death, Il u somethlpG