The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-02
TOBIN SENTENCED.
THE SOLDIER MURDERER TO BE HANGED IN
SEPTEMBER.

THE SOLDIER MURDERER TO BE HANGED IN
SEPTEMBER.
Michael Tobin, the West Point murderer, who was
convicted week Of the murder Of Peter Aibers o
companion in arms was brought to court yesterday
morning by Deputy United States MARSHAL Holmes aud
arraixned before Judge Benedict The prisoner
wore the same stoiid look that has marked
his lace since tho deed was committed
and even when the Court pronounced the
lnal words he betrayed no sign Of omotion
Tobn's conduct throughout tho whole trial has been
most manly, for while he betrayed no feeling thers
has been nothing Of bravado in his manner. Without
arms he seemed q loss what to do with his hands,
and during early days OF hts trial he moved them
ncrvously about he finally contracted q habit Of
ciaspng them in front Of him, much alter The manner
10 receive tho sentence OF the Court nc mis-
hands casped 10 front OF him, and while Judge Bene-
dict was pronounciag the words whcn mark tho end
OF his earthly cayeer he stood bold upright and never
moved muscle. He must have appreciated the situa-
ton for as tho Judge proceeded great beads Of per.
SEPARATION started on his forehead and his bald head
apd tricklsd down his cheeks.
FIGHTING FOR TINE.
When silence had been proclaimed IN court Judge
Benedict proceeded to dispose OF the motion made Ny
General Foster counsel tor T0bn, 20 arrest judgment.
Waite and Juage Choa,e and confirmed In his pre-.
vous opinion that the Indictment was well taken and
that sentence could not b. arrested on the GROUND
proposed For these reasons he denied the motion TO
arrest judgment Upon tho announcement being
made District Attorpoy Field moved Tor sentence
Mr. Emerson. OF counsel Tor the prisoner, hoped the
Court would not grant tho motion. he said that Gen.
Foster senior counsel the case had been called
town urgent business and no would like time
consult TO the prisoners case
Mr. Fiero sad that II be could that the slightest
advantage would 70 the prisoner he would not
INSIST motion, but he could not what good
coud result 10 the prisoner At the bar.
The Judge said that he thought that q sentence
should follow the verdict, and while he would grant
the motion Of the District Attorney he would take
tue application OF prisoners counsel INTO consdora-
tion. death-ks silence foil upon the Court ana In
low minutes Judge Benedict said. an chaei T0bin,
you have been convicted OF murder Oh grounds ex-
clusvcy within tho jurisdiction OF the United States
You have been ably defended. You have been found
guilty by jury Of your countrymcn aud concur IN
tho finding There remains for the Court but one
duty TO perform. Michael robn, have you anything
TO say why sentence should not be passed Apon your
Tobin replied Ia a loud, clear voice, ''NO STRIP
There another awful silence. and the Judge de.
vcred the sentence, and directed that Michael fobln
she prisoner the bar, be taken whence ne came
that detained close custody until Friday, the
10Th day OF september next, and that on that day he
be taken to The place Of execution, and there, be-
tween the hours OF ten O'Clock forenoon and Jour
afternoon. he be hanged by tho neck until he b
dead When The concluding words OF tho sentence,
"And may God have mercy on your soul" were pro-
nounccd, all heads were bent.
Tobin's counsel intend to seek the c.emency of
President Hayes ard have The sentence comm uted 70
I'M pr son meut for lie.