Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-05-01
MARK FEEEEYS SLAYER.
FREEMAN CONVICTED OF MURDER IN
THE FIRST DEGREE,
And Must Suffer the Death Penalty
Stolid as an Indian-His ReIa-
tives Distressed.

thiS COuhtf LII AAodJ ySoiSs 4AS eoAA eAS
jury. among other things, that he had con-
Quoted the prosecution to the best of his
ability and presented it in its strongest
light, according to his convictions of Justice.
He believed Freeman to be guilty of the
crime charged against him, and should
suffer the highest penalty known to the
law. He had certainly done all in his
power to secure the vindication of the law,
and the responsibility for the result would
rest upon the jury.
Mr.. Bruner warned the jury against Civ
ing away to any weak sentimentality that
would defeat the ends of justice in this
case, as the circumstances under which the
crime was committed were such that the
perpetrator thereof was not entitled to the
sympathy of any person whose desire was
to have the majesty of the law INDICATED.
At the conclusion of Mr.. Burners adj
dress recess was taken till o'clock P. NJ.
at which hour the Courtroom was densely
packed with people, there being several
ladies among the auditors. The prisoner
occupied seat in front of the bar, be.
tween his mother and sister, while the
Court charged. the jury. His manner was
that of person possessed of nerves of
iron, or, more properly, perhaps, of one to
whom such thing as conscience is I'M
known. His mother and sister, on the
contrary, looked anxious and troubled, the
latter, especially, being quite nervous.
INSTRUCTIONS TO THE JURY.
judge Van Fleet read the statutory charge
to the jury in clear voice and impressive
manner, concluding as follows:
Now, gentlemen, in submitting this case to
you desire once again to admonish you as to
your most solemn and important duty as jurors.
You are to take this case and finally determine
1t from fair and impartial consideration of the
evidence and that alone and remember, gen.
tlemen, that nothing is evidence before you in
any sense excepting that which has been adj
mitted here in Court during this trial. What
ever may have come to your attention during
the trial or prior thereto, either through the
medium of the public press, common rumor. or
otherwise calculated in any manner to affect
your Judgment in this case, is not evidence and
must, under the law and under the
sanctity of your oaths, be entirely disre-
ever. in arriving at your verdict Public
opinion, one way or the other as to the
merits of this case-if you have become aware
of any-must not be permitted to affect your
minds. since if it exists it is in the first place,
not evidence, and, in the second place. it is as
liable, according to our experience and observ-
alton, to be wrong as right. No consideration
VI pido VI pTtJuQlCc Oh Tue one QdQu, or OIL Svn-
pathy or pity on the other, for or against this
defendant or anyone else in any manner con.
nected with this case must be permitted to find
reflection in your verdict
Remember the importance of your verdict to
this defendant. The question of his life or lib
erty is committed to your keeping, and you have
sworn to give him fair and impartial trial
This you cannot do if you permit any outside
influence to affect you in the slightest degree
II, upon full and careful consideration of the
evidence in this case there should rest upon
your minds fair and reasonable doubt as to
his guilt he is entitled to the benefit of that
doubt at your hands, and you must not permit
1t to be swept away or affected by any feeling
or prejudice arising from something not in eyi.
oence, nor by any fear or apprehension that
Your verdict may not meet with popular favor
On the other hand, gentlemen, it is equally
your imperative duty TO keep before you the
rights OF society, which are likewise in
sacred and important as those of the defendant.
And II, upon full and impartial consideration
and examination of the evidence in this case.
you come to the conclus on beyond any fair and
reasonable doubt of the guilt of this defendant,
then 1t would be your sworn duty to so find, not
outstanding the consequences to him or any
one connected with him.
Sentiments of sympathy or pity for this de-
PENDANT his relatives it is as absolutely neces
sary for you to discard from your minds In Civ
ing your verdict as any other extraneous mat
ter. IL IS to be regretted that the results of
crime when committed usually fall not alone
upon the offender. but with heavy hand upon
the innocent relatives and friends Connected
with him; but tender consideration for the
latter cannot be permitted to weigh against a
Just and faithful administration of the law Nor
are considerations of mercy to find lodgment
with the jury. Mercy does not lie with YOU but
must be looked for elsewhere. What is de-
manded OF you is just and true verdict, hav-
ing for its foundation the evidence in the case.
and that alone. And it is only by such a YER
dict that the law can be yindicated. For such
a verdict, gentlemen, you are answerable not
ONLY 10 this defendant and no ht,tf f,
your eonsciences and your God.
The human conscience is in my judgment the
dirfct emit of our Creator in detecting us
in wrong, and if We go astray, sooner or later it
VIII find us out, and bring us TO account no
matter how successfully we may eyade the eve
OF our fellow-men. Render such verdict in
Throughout your after life may awaken in the
Still watches of the night with no troublesome
question between yourself and your conscience
as to anything growing out of that verdict.
ii you DO that you will have done your whole
duty in this important case.
THE VERDICT.
The charge to the jury ELECTED many
compliments from persons present, all
speaking of it as an able and impartial
effort. The jury retired at go o'clock, but
the crowd remained in and about the
Courtroom the impression evidently pre-
vailing that verdict would soon be reached.
AT quarter to 4 o'clock the Sheriff in
formed the Court and attorneys that the
jury was prepared 10 return to the Court
room, and Court was called to order. The
prisoner was brought in and took seat be-
side his attorney, his mother and sister not
being present, they having gone to the
office of Mr.. Post. Freemans counsel. there
to await the result of the jury's delibera-
tons.
FREEMAN's NERVES OF STEEL.
AS Freeman walked into the Courtroom
he did not present the appearance of a man
whose life depended on the announcement
about to be made by the jury, the members
of which were then filing into the room.
His face was as impressive and stolid as that
OF an Indian brave awaiting death ct the
hands OF his captors. Indeed. it bore about
as pleasant an expression as Freeman was
capable of.
He did not even finch nor change color
when the foreman of the jury proceeded
to read the verdict. end even when the
reading was concluded and il was an.
nounced that he had been adjudged guilty
of murder in the first degree not shadow
passed over his features. although all ewes
were bent upon him. There was simply a
slight compression of the lips.
Freeman leaned over and began to whis-
per to his counsel, when the Court inter-
rupted him by announcing that sentence
would be passed on Friday, the 9th day OF
May.
IT DID NOT PHASE HIM.
Even this did not phase the callous-
hearted youth, and as he arose to follow
the Sheriff from the room he cooked his
hat on the back of his bead in his usual
careless way, and walked out more with
the air of petty offender leaving Police
Court room to pass twenty-four hours in
Jail for disturbing the peace than like one
who was going to a dungeon to await his
death upon the gallows.
As Freeman descended the stairway
leading into the Jail, where the prisoners
had crowded TO hear the news. he sang out
TO them. in a steady but devil-may care
tone of voice:
well. boys. it's murder in the first de.
gree.n
To the Sheriff he remarked. on the way
down: That's nearly hell That's hell
of jury to give man justicew
1t was noticed. while the verdict was
being read. that Freeman looked straight
at the reader, and q reporter called the
attention of one of the Sherifs officers "a
the prisoners exhibition of nerve.
Yes" whispered the officer, she re.
marked the other day that. while Wilkes
the - -, could not look him in the
eye, he (Freeman) could look any ID
man in the eye"