Daily independent. [volume] (Elko, Nev.) 188?-1915, 1889-03-22
THE DEATH SENTENCE.
Tho Time OF Execution not
Fixed.

A. M, said:
'Mr. Potts, you were indicted by tho
Grand Jury OF Alko County, on the
18th day Of February, 1889, for the
crime OF murder alleged to have been
committed in said county on or about
the LIST day of January, 1888. You
were charged with wilfuIly, premsdi-
lately, without authority of law aud
with malice aforsthought of taking the
life Of one Miles Faucet. Upon this
indictment you was arraigned on the
18th day of February, and on the 18th
day you entered plea of not guilty. You
were arrnigned for trinl on the 18th dGy
of March, and on the 18th day Of March
the jury rendered a verdict finding you
guilty. Have you any cause to show
why judgement should not be passed
against your"
Mr.. Plummer, counsel for defendants,
interposed motion for q new trial, the
grounds for which were filed in writing.
The motion was overruled by the Court
and Judge Bigelow then said:
Tho most painful and solemn duty
that Judge can DO called upon to per-
form now devolves upon mo, and that is
to pronounce tho highest penalty which
the law afixes as O punishment for
crime, upon two human beings, and
one of them woman. The mind
naturally recoils with horror at the
thought that anyone can become 30 lost
to the common instincts of humanity.
which teach us to rathor relieve than
add to the suffering Of others, rs 10 be
guilty Of the deliberate. prsmedituted
and cruel murder of another. And yet
experience teaches us that sometimes
this il the case; but seldom indeed 60
we find that q woman has bsen the
perpetrator. To her we look for every.
thing that is gentle and kind and
tender; and wo can scarcely conceive
her capable Of committing the highest
crime known to tho law. But that such
is the case here, it seems to me there
can be no reasonable doubt
"To be sure no human being except
the defendants, and possibly their son,
witnessed the denth of Niles Faucet 4.
They alone know how it occurred: and
yet the circumstances surrounding
them, together with their own admis-
sions, judged by the common experience
of mankind. convince US that he must
have been most foully murdered.
Either COMMISSIONS must DO had upon
such testimony as this, or else it must
be declared that there must be no con-
victions upon circumstantial evidence.
In my judgment the defendants have
had fair and impartial trial by fair
and impartial jury. Their Attorney
has said and done everything that could
be said and done, and that that has
not boon moro has been owing alone to
the web of circumstances that have &c
completely envvioped and surrounded
them. I believe the verdict to have
been just and it only remains now to
pronounce the sentence OF the law.
mo legal cause being shown or ap'
pearing to the Court why judgment
should not now be pronounced against
you, it is therefore ordered and adjudget
that you, Josiah Potts, as punishment
! for tho crime of which you have beer
found guilty, be, and you are hereby
, rennanded to the custody Of tho Sheriff
4 OF Elko county, State OF Nevada, to b
} by him safely confined and kept until {
q day aud time to be fixed by the warran
! Of the Judge Of this Court in accordance
t with law, aud that on tho day and tim
so to be appointed and fixed, in and b.
said warrant, you, Josiah Potts, b.
. taken by said Sheriff to q place Of exc
cution to be prepared for that purpos
a within the enclosed limits of the jnil il
said Elko county, and that then an
n there, by said Sheriff, you. Josia
$ Potts, be hanged by the meek until yo
= are dead"
}. The same sentence was then pro