St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-11-29
ESCAPED The MOOSE.
Murderer Kill Eludes the EX-
tremeSt Penalty Of the
Statute.
Judge Kelly Shows Why the
Convicted Man Might Have
Been Hanged,
Then Sentences Him to the
Saltwater Penitentiary for
q Life Term.
Sad Life Page CT a Young
Woman Open for It's Pu-
pification.

The people who packed the court
room yesterday morning gave sigh of
relief when they learned that Nicholas
Kill is not to be hanged for the murder
of Jacob Kohn. Among those in the
court room when Judge Kelly took his
seat on the bench were number of at
torneys. Nicholas Kill was brought III
soon after. Assistant County Attorney
Mum arose and moved that sentence
be imposed upon the prisoner for the
crime of murder of which he stood con-
victed. A painful stiffness prevailed
the court room as far as the audi
ence was concerned while this
motion was being made, and up
to the point that the court made known
the nature of the sentence. Kill him.
self sat quietly and Il ndiSturbed until
the time came when he was asked if he
had anything to say why sentence
should not be passed upon him.
When Mr.. Mum mad made the motion
for sentence, B. I'll. Schroeder, Kills at
torney, Sprang to his feet and renewed
his motion for stay of sentence until
the third Saturday in December to give
him 4 chance to make up his case to
apply to the supreme court for new
trial. Judge Kelly declined to grant the
stay. Schneider then asked the court to
direct the official reporter to furnish the
defendant with two copies of a tran
script of the proceedings had and evil
dence adduced at the trial. This re-
quest was refused by the court, whu
stated that he knew OF no authority for
complying with the request. TO each
yIiliOo Nf the anurt Mr. Sohraihnr took
exceptions.
Mr.. Schriber, having no further
motions to make, then appealed to the
court to be lenient with Kill and not
intiict the extreme penalty of hanging.
He stated the following reasons why
the prisoner should not be sentenced to
the severest penalty of the law, viz:
There was no sufficient evidence Of pre-
meditated murder.
1t is admitted that Kill is man OF very
low order of intellect and has been confined
two years and half in the insane asylum,
and known TO have been actually insane.
There are questions Of doubt as TO his san
ity at the time of the homicide.
The attorney for the defense was appointed
by the court, not at the prisoners request,
but in the face of his protest.
The jury recommended the prisoner to the
mercy OF the court.
Mr.Schreiber enlarged upon these five
points in an argument at length. Mr..
Mum did not reply to the argument
except to state that the court was as
familiar with the facts in the case as
the prisoner to stand up and asked him
if he had anything to say why the
sentence Of the court should not be
passed upon him. This question was
put to him through Capt. Weber, who
acted as interpreter. Kill responded
promptly that had nothing to say why
sentence should not be pronounced,
but that he was willing to take what
the court saw fit to lnfiict.
The court seemed much affected with
emotion over the responsibility of his
duty, and spoke slowly and solemnIy,
hesitating occasionally for moment or
two. He spoke of his anxiety to do
justice between the prisoner and the
law. He then dwelt upon the enormity
of the offense of which Kill was con-
yicted. The crime of murder could adj
nit of no merciful consideration in the
breast OF any right-thinking man, and
was deserving of the most eondIgn pun
Ishment. The man had been tried care
fully, and had been found guilty after
a most able defense of murder in the
first degree. Ordinarily he would not
hesitate one moment about infiictlng in
a case of this kind the extreme penalty
of the law, but the jury had coupled with
Its finding recommendation of mercy.
The court expressed the opinion that
the recommendation for mercy by the
jury could not be based on the idea
that the crime had not been proved, be-
cause that would contradict the verdict.
1t could not be predlcated on the theory
that the prisoner was mentally ire
Sponsible, because the verdict passed
upon that question.
that Nicholas Kill should be henceforth
regarded as dead to the world, and not
permitted to again mingle with his fell
low men. Again referring 10 his anXi.
ETY. in the case, he said that had reached
the conclusion that the SevereSt penalty
of the law should not be inflicted.
Capt. Weber was called upon to inter
pref the following sentence to the
prisoner:
The sentence of the court and law is that
you, Nicholas Kill, be confined at hard labor
at the state prison of the state of Minnesota
at the city of saltwater for the period of your
natural life.
Kill was not visibly affected by the
sentence. During its deliverance he
stood and calmly eyed the Judge, with
his finger to his chin, and nOnchalantly
chewed a piece of gum, acting upon the
whole as if the affair were an ordinary
matter in life. In addition to the
sentence the court added the following
And the judge presiding testifies that the
testimony discloses the fact to be that the
defendant at the time of his arrest had nc
trade, and that he was employed as farmer
or gardeners hand; and the presiding Judge
of said court further certifiss that in his
opinion, by reason of exceptional cir
cumstanees, the case is not one in which the
penalty of death should be imposed.
Kill was taken back to the Jail after
the sentence, and will be taken TO Still.
water tonight. Attorney Schneider will
probably not take any further action in
the premises, as he seems satisfied that
the man is not to be hanged. He was
congratulated for his able defense by
County Attorney-elect O'Brien and
others yesterday, who thought that Mr.
Schneider had done we'll to save the
| neck of the prisoner. Kill does not
seem to be concerned over the sentence,
and declines to talk about the matter
except to say he will have a home fol
| the rest of his life. and that he has moi
| had one heretofore.