Daily Los Angeles herald., 1878-08-06
The Sespe Assassination.

Motions far "a New Trial IL
rprag"''1 Cass Denied-Judgt
Fawceu Promaunces Sentence
Bhe Textof hfs ReMarks-A Pit
ti,tss aud Terrible Review Of til,
Nusder-Flts Crime Held up q,
PuDIic Oiian tn fbe st,Onges,
Language The rt-nsh Penalty
Set for september 27ih.
SAN BUENAvENTURA Aug. s.
Promptly at nine o'clock this morn.
ing his Honor, looking restored and
refreshed by nearly two days vaca-
ton, took his seat upon the bench.
Mr.. Raymond opened the proceed.
ings by asking that the sentence OF
Curlee, set for this morning, be
postponed until Wednesday or
Thursday, as he had just been in
formed that unquestionabl evil
dence would be presented that
John Ferrall was in Poll Canon on
the night of the murder aDd saw
Curlee there. This of course would
totally destroy Joues's evidence,
should there be anything in it. Mr..
Raymond, however, carefully stat
ed that of course he knew nothing
himself of the facts, but was in
formed that witnesses would arrive
TO morrow who would prove it,.
The Court finally granted until
Wednesday morning at nine
O'clock.
The prisoner Sprague Was then
brought in, and the Court rendered
II decision upon the points upon
which defense had asked for new
trial. The tirst-Jones's refusal to
answer questions on cross-eXamiu-
alton touching his connection with
the arson committed on the night
of the murder. His Honor thought
that amounted to nothing, as he
had, in response to a similar ques-
ton, distinctly avowed his connec-
ton with the arson. Counsel was
merely repeating the same ques-
ton when stopped. He read
the testimony to show this fact
The second point, as to the admis-
sibility of Hickerson's deposition,
had been fully argued upon the
trial, and the Court had not
chaugd its opinion upon this point.
The third point was the insertion
by the Court Of the word "wilfulIy"
before false III n certain, instruc-
ton. The Court saId this was the
meaning OF the law. A mistake
was not II falsehood and to discredit
Il witness for II mistake would rule
out every witness who was ever
subjected TO a four-hours' sXamina,
ton in a Court. The absence of
mistakes would tend to show that
the story wes concocted and
rehearsed. The motion was
overruled, and the urisoner,
Sprsgue. directed 10 stand ur,
when the Judge said: IF. A.
Sprague, you have been convicted
of the highest olfense known to the
law. You were skilfulIy defended
at the trial. Every devce was eX-
hausted to save you, but u jury of
your fellow -citiZens has pronounced
you guilty of the great crime with
which you were charged. In the
dead hour of night, you, the leader
of band of masked assassins, ap,
piled the torch to the premises of
your victim, and as he rushed,
startled and half naked, into the
light of the flames, you closed upon
him and shot bin near to death.
He attempted flight; you pursued
him; he fell before you, and with a
nj ~ 4 cI, hn
wrung pity from heart of iron,
but you remorselessIy y riddled him
with bullets as you would the car
cass ofa dog. There is no language
strong enough to depict the atroci-
ty of such deed; your guilt is as
clear as evidence can make it; you
probably thought you would be up
held by the community in which
you lived; thank God, you were
mistaken. There are but few mon
sters to applaud your act. The re-
suit of your trial proves that we are
yet governed by law; that we are a
community of enlightened human
beings, and not society Of saw
ages. The law has seized you, and
by the voices of twelve good men
holds you in its inexorable grasp
to pay the dreadful penalty of your
crime. Let your fate be warning
that justice Is sure to follow crime,
sometimes travelling slowly with
leaden heel, but striking with an
iron hand. L will not affect for
you n sympathy / do not feel.
There is no point in your case for
sympathy to grasp, so far as you
are concerned. I feel deeply for
your faithful wife and children.
They are the ones who need
and who receive the pity and SYM
pathy of all kind hearts. 1t
only remains to formally conclude
this painful duty. The judgment
of the Court is that on Friday, the
9th day of September next, be-
tween the hours of 10 A. NJ. and |
p. NJ, you be hanged by the neck
until you are dead, and may God
Almighty have mercy on you"
The prisoner, as well as his fam
H., r, xvara nropant dill mot die,