The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-07-02
PRIV.iTE MICHAEL TOBIN.
Not Put In shackIes on the Day OF his Sen
tence to be Hanged.

Private Michael Tobin was a member OF
Company f. Engineer Battalion. at West Point.
He is an Irishman not over 55 years of age.
and bears himself like an honest. simple
minded soldier. He has been in the service
many years he was in Company Of the Third
United States Infantry when they led the way
into the City OF Mexico. under Gen. Scott: he
was wounded at Cerro Gordo lie fought at
Chepultepec Contreras. and Cherubusco He
was q member OF the Thirty first Missouri Vol
unteers. and took part In the first attack on
Vlcksburg and was at Lookout Mountain.
Dallas. and other battles in the late war. Three
years ago he married Mrs. Magrath. whose
first husband is living In the West She and
Tobin. being both members OF tho Catholic
church, that refuses TO marry woman a sec
ond time until her first husband ia dead. came
20 New York md told the pastor Of ~. Josephs
Church that To9n's name was Magrath. Un-
ing the certificate as Michael Magrath.
The wife llyed at Highland Falls. a mile and
half below West Point. and he. being required
TO be at the barracks at all times OF tho day. sell
dom visited ner, except by running the guard.
which he frequently contriyed 10 do. After a
time he began 10 be susp cious Of one Of his
comrades Peter Albers. and on the 23d Of Feb
ruaiy last his suspicious Were sus,ained by
facts On the next morning. Sunday. Tobin
went to the barracks Just in time for the reveille,
and going 10 Albers's room. shot him in the
head.
Tobin's mind resulted In a decision affirming
his sanity and responsibility The crime hav-
ing been committed on ground over which the
general Government has exclusive jurisdiction.
Tobin was tried in the Circuit Court Of the
United States.
Under the laws Of the United States there are
no degrees in murder Jury must either ne
qut or convict OF absolute murder On Thurs
day last a verdict was returned convicting the
prisoner the jury nevertheless signing recOm-
mendatiOn Tor Executive clemency. A motion
for arrest OF judgment on the ground OF de-
fective indictment was decided adversely yes
Tobin appeared in the court room Just before
noon worn and pale. but soldiery In his bear
ing. After Judge Benedict had denied the mo-
ton, tho District Attorney moved for sentence.
As the Judge was prOnouncing the sentence
that Tobin should be hanged on the goth OF Sep
tember, District Attorney Ficro. Postmaster
james and others betrayed deep emotion.
The prisoner was under tho custody OF Mar
shal Dowley who had taken him to the court
room from Ludlow street jail. As they Were
starting from tho Jail Tobln put out his hands
~ Not to. day. Michael Capt. Dowley said, in
view Of the prisoners gong to court to be sem
fenced 10 death. =, D,
never fear" the unhappy old man replied
And when he walked from the court room back
TO Ludlow street lail his hands were Tree.
Mr. Adams. one OF Tohlns lawyers, sayS;,
81 do not believe that the people OF New YORK
will consent that onn code OF morals shall 10
laid down for the rich and another Tor the poor,
Tohin IL as much, or more entitled 70 ms no
as Gen Sickles or Gen. Cole, "a both OF these
men were men OF cultivation and Intelligence,