The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1883-05-17

relenting. The penalty OF your crime
can be but one. Justice cannot be
thwarted or defeated. The majesty
of the law must be vindicated, and
the sum of it all is, you must expiate
the crime for which you have been
convicted. by death upon the scaffold
of execution.
"You now have brought before
your mind the awful circumstances
surrounding you, and the terrible ma
ture of the bloody deed you have
done. 1t separates you from your fel-
low men and places you in felon's
cell. 1t numbers your days you are
yet to live, and fixes the day on which
you are to die.
"What | have said may cause a
keen pain or anguish excited in you
by sense of guilt. compunction OF
conscience for the crime you have
committed.
at is right such should exist in
: your breast; because If you are to
have any hope for the future, it must
come from consolation to be derived
from compliance with the require
ments of the Christian religion, and
the blood of the atonement; and to
this end you will be permitted to have
spiritual advisers visit you-the cler-
gy of any religion or denomination
you may prefer, to impart to you such
instructions as you may desire, and
such as your age, circumstances and
condition Of mind and body may re-
quire, so that you may. if you will,
sincerely and truly repent, and obtain
forgiveness, if possible, for the great
crime and sin you have committed
against the laws of God and man. in
taking the life and shedding the blood
of Samuel L. Hull.
''The sentence and Judgment of the
Court is, that you, John W. jackson,
now be taken by the Sheriff and con-
fined in a cell Of the Jail Of the coun-
ty, there to be safely kept until the
sixth day Of April, in the year of our
Lord one thousand eight hundred and
eighty-three, and from thence, on
that day, between the hours of one
and two o'clock in the afternoon, to
be taken to scaffold and gallows to
be prepared in the Jail or vicinity, and
then and there to be hanged by the
neck until you are dead. And may
God have mercy on your soul. ;"
When the Court had completed the
sentence, the prisoner broke down and
wept, as did also his sisters, who were
present. This was about the only IN
cident thus far which had tended to
show that there really soas any heart,
or.seriousness of feeling, behind the
monumental brass of the boys make
up.
The case was Immediately taken up
ON error to the Supreme Court, de-
fendant's attorneys giving the follow
ing as their assignments in error:
1.-The Court erred in admitting
testimony to which plaintiff in error
objected.
g. The Court erred in permitting
the State against the objection Of the
defendant below to prove three sever
al instruments Of death.
3. The Court erred in refusing to
restrict the State to one instrument
Of death.
4. The Court erred in admitting w.
M. johnson and c. c. James to testi-
fly as to the admissions Of said John
W. Jackson made under oath.
5. The Court erred in overruling
the motion made by plaintiff in er-
ror to require the State to elect upon
which count of the Indictment it
would proceed, and whether it relied
upon the charge of robbery or muir
der.
6. The Court erred in receiving the
verdict Of the jury against the objec-
ton of the plaintiff in error.
The following is the syllabus Of the
Supreme Court in passing upon the
case:
1928. John W. Jackson vs.. The
State of Ohio. Error to the Court of
Common Pleas of Jackson County.
"OKEY, j.
81. A count in an indictment in
which the defendant is charged with
robbery and with murder while in the
commission of the robbery, and in
which it is alleged that the blows
which caused death were ruck by
the d fendant with a piece Of iron, a
sledge and shovel, is not bad for du-
pl1city; the State can not be required
to elect upon trial on such count,
and evidence Of the robbery and the
use of each of the implements in pro-
ducing death is admissible.
SO. Where evidence Of a confession
is excluded because induced by prom
ises made by an officer having custody
of the prisoner, but the prisoner, on a
subsequent day, voluntarily goes on
the stand and is sworn and examined
as witness in his own behalf. under
the statute (Rev. Stats, Sec. 1886 on
his examination before Magistrate
on such charge, and he is cautioned by
the Magistrate, before testifying. that
he need not say anything to criminate
himself, and that what he may say
may be used against him, confession
made in such testimony may be proved
by the State on the subsequent trial
of such person charged with the
crime.
"3. On the trial of one charged with
murder in the perpetration Of rob-
berry, the Sta'e called witness who
gave material testimony tending to
convict the accused, and the Prose-
cutting Attorney concealed from the
witness, until after the trial, the fact
that he was under Indictment in the
same Court for harboring the accused.