National Republican. (Washington City (D.C.)) 1872-1888, 1879-10-27
THE DEATH PENALTY.
Stone to Expiate His Terrible Crime
on the Gallows.
Judge Hagner Sentences Him to be Hanged
on the 10Th of December-ue Makes
Speech to the Court, accuses Wit
nessos of Perjury and His Vito
of Infidelity - Smilingly
Receives Sentence.
stone to be Hanged in Dece,,ber

Stone to be Hanged in December
Tho motion for new trial in the case of
James Madison Wyatt Stone, convicted of wife
murder came up for a hearing before Justice
Hagner in the Criminal court last Saturday.
Professor r. T. Greener appeared for tho de-
PENDANT aud District Attorney Wells for the
Government. The principal ground on which
the motion was based was the alleged mis-
conduct of the jury while in charge of tho
bailfis at tho hotel. Some of them desired
to walk out, but one was too sick to do so.
After consulting the judge ono bailff was d-
IeCted to remain with tho sick man and tho
other to accompany the well ones in their
walk. This the defense thought sufficient
ground to charge u separation of the jury. The
motion was argued on both sides briefly. JUS
tce Hagner said that he had given the matter
careful consideration since he had been in
formed that new trial was to be applied for,
and this was TO be the ground OF it. lie had
no difficulty in coming to judg-
ciple was that new trials should not
be given except for grave considerations.
The jury IN this instance was cxcellcnt-al-
most selected by tho prisoner himself In
courts, with his brief experience, there had
been no case where as much consideration,
time aud as full opportunity had been given
the defense rs in this The jury rendered a
known in capital case and so far us the
verdict was concerned, he thought it was a
just one. 1t was a hideous, deliberate, hOrri-
bic murder, and there was not shadow of
evidence to show that the mans mind was
diseased The only savagcness about it seemed
of that sort belonging to savage natures deter
mined to reap vengeance.
The only question was on the conduct Of the
jury and bailifs. Ho gave the permission
complained of aud insisted that his action in
that respect was perfectly proper and sup
ported by fifty authorities at least. Under
careful examination of the ease no ground
had been shown for amy misconduct of the
jury, or that they had been tempered with,
and he would override the motion.
The District Attorney then moved for son-
tonce,
STONES SPEECH.
Stone was directed to stand up, and in re-
Spouse to question of the judge If he had any
thing to say why sentence should not be passed
upon him, said that he would he glad to say
something if his talking would do any good,
but lie did not see that it would. He would
say fow words. This crime with which he
was charged he had told his first counsel Mr..
Sweat and present counsel that If he know
anything of IT'S committing he should have
pleaded guilty when brought into court, but he
did not know anything OF the act he did. Two
OF the witnesses he wished to speak of. Tol.
lies-all lies. They might not believe him for
saying so, but there WAS one who will know If
he spoke the truth. He no more asked that
man for a razor than he did the other things
That man got his wife away from HIM, and he
(StoneJ found him in the bed that lie
(Stone) paid for, lying alongside of
his wife with his arm around her. He called
for ncighGor to come in, and said There
may be something here that 1 will want you
to testify to some day" His wife jumped
| from the bed with only one garment on and
| rushed out the door.
If Lou Jones said that lie did what she
swore to, then she did not toll the truth lie
used to know coed many people; there might
DO some of them in the courtroom, but he did
not recognize them, since he had been in Jail
so long. His thoughts had been moro on
Heaven than anything on earth. They had
all told lies on him. That $l25 a day
paid to witnesses to como gu that stand aud
swear had sent more innocent men TO the
pcnitentiary since he had been in Jail than
anything else. He thanked God that they
could only punish the body, and not tho soul.
! He thanked his counsel for all they had done
for him, but he was too poor 20 pay them any
thing. IIo hoped that they would catch that
criminal who swOre TO lies, and send him to
the penitcnliary.
THE SENTENCE
His Honor said that he had no desire to say
anything to add to the feelings that he (StOne)
must experience, but would simply give that
sentence allowed Ivy law only to such a case
| He trusted that the prisoner would prepare for
that occasion, and was glad to hear him ex.
press sentiments of contrition and religious
belief. His Honor then directed that he
be taken to the District Jail, the place
from whence he came, and there be con-
fined until Friday, December 10, 1879, aud
on that day between the hours of 12 noon and 2
o'clock p. m, taken by the officer in charge OF
the performance of that duty to the place OF
execution. and there hung by the neck until
dead, and may the Lord have mercy on his
soul.
The prisoner received the death sentence
unmOved and when the judge flushed, smiled
He then sat down to the table and wrote
letter Subsequently he was removed to Jail
A motion for II stay of the execution of tho
sentence until the hearing of the case in the