Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-06-12
FREEMAN,
SUPERIOR JUDGE VAN FLEET FIXES
THE DAY OF EXECUTION.
1t VIII Occur on the goth of July-Free-
man is MISUNDERSTANDING
the Poison.
July %, 1890.


judgment, or Communication of sentence,
Charles Freeman, the convicted murderer
of the poor little invalid. Mark Feeney,
will expiate his terrible crime on the
gallows.
Last week when Superior Judge Van
Fleet denied the motion for new trial,
and sentenced Freeman to be hanged, he
omitted to name the day upon which the
judgment of the Court and jury should be
carried out. He did it intentionally, as
the law, when read closely, win be found
to say that the day of execution shall be
set in the death warrant issued subsequent
to the sentence, and placed in the hands OF
the Sheriff.
WARRANT OF EXECUTION.
On yesterday the necessary document
was delivered by Judge Van Fleet to The
Sheriff. 1t reads as follows:
State of California, county of Sacramento. In
the Superior Court of the county of Sacramento
State OF California. The people of the State Of
California VS.. Charles Freeman. defendant.
State of California, greeting:
WHEREAS, On the 22d day of March, A. d.
1880. the aboye-na defendant, Charles Free.
man, was duly informed against by the District
Attorney OF the county of Sacramento by filing
information therein, charging him with the
crime Of murder, in the killing of one Mark
Feeney, on the 9th day of March, A. d. 1880:
and whereas, the said defendant was thereafter
duly arraigned in the aboye-named Superior
Court, under the said information, and entered
the plea of not guilty thereto; and whereas the
said defendant was duly tried in said Superior
Court by a jury of his selection who nv their
verdict. found said defendant guilty of murder
in the first degree; and whereas on the 9Th day
of June, A. D. 1890, the Superior Court afore said
rendered its Judgment upon said verdict that said
and that he be hanged by the neck until he be
DEAD. at a time to be thereafter named in this
warrant OF execution; and whereas, now on the
Iith day OF June, A. d. 1890, the said Superior
Court has fixed and appointed, and does hereby
NIX ana appoint, Tuesday, the Goth day of July,
A. D. 1880. as the day upon which said Judgment
Shall be carried into execution.
you, the said Sheriff of said county of Sacra.
mento, and you are hereby ordered and COM
manded TO execute said judgment by taking
INTO your custody the said Charles Freeman
until said Tuesday, the 29th day of July, A. D.
1880, upon which day you will take him, the
said Charles Freeman. to place of execution
In said county, as designated in said judgment,
and then and there hang him by the neck until
he is dead.
Here Herein fail not at your peril and make due
return hereof. w. c. VAN FLEET
Judge of the Superior Court of the county of
Attest: W. B. HAMILTON, County Clerk.
By GEO. P. RoYsTER, Deputy.
FREEMAN INDIFFERENT.
Freeman has been kept in the dark cell
since his attempt to commit suicide was
discovered, and naturally was not in the
best OF humor yesterday. When informed
OF the issuance of the death warrant, and
OF the date OF his execution, he exhibited
no signs of surprise or mental agitation.
and appeared to be perfectly Indifferent.
In fact, he didn't seem to think any more
of 1t than had it been an announcement
that turkey would be served for dinner
Sunday.
WILL APPEAL.
Attorney Charles IN Post, who defended
Freeman so ably at the trial and whose
efforts came near saving the murderer
neck, stated yesterday that he would GER
tainly appeal the case to the Supreme
Court, and thence to the United States
Supreme Court, should an unfavorable de-
cision be rendered by the State tribunal.
Il will stick to the case to the last" said
Mr.. Post, land no one can say that have
not done my duty. 1 believe yet that
Archie Wilkes will confess that he per-
jured himself at the trial. am satisfied
that that man did not tell the truth. IT
may be possible that both of them killed
Feeney, but / would rather believe Free
n Sn's story, that they found Feeney in
THAI barrel of water"
FREEMAN's FALsEHooDs.
Sheriff McMullen made another attempt
yesterday to induce Freeman to tell who
gave him the strychnine few days ago.
ffra c,v Al !
condemned man has been kept in the dark
cell, and allowed no tobacco or reading
matter, nor has he been allowed to see any
visitors.
When the Sheriff visited him yesterday
he asked that his tobacco and periodical
supply be renewed, but the Sheriff said the
request would not be granted unless he
told where or from whom he received the
poison.
Freeman thought while, and then said
that man named:.Murphy, who had been
confined in the Jail with him some weeks
ago, but who had since been taken to Fol-
som, had given it to him.
This story is apparently untrue, as it has
been two weeks since Murphy left the
County Jail. and on Monday Freeman de.
clared that he had only had the poison in
his possession couple of days.
Freeman also told the Sheriff yesterday
that he did not know that the powder was
strychnine. This was also a falsehood.
When the poison was discovered dunn
my powder was put in its place, but when
1t was given to Freeman he readily de-
tected the deceit and declared that the
dummy" powder was not strychnine.
Up to week or so ago one of Freeman s
relatives visited him on an average twice a
day and then suddenly stopped, and has
not been seen at the Jail since. Some of
the officials believe that this person is the
one who gave the murderer the drug and
are making an investigation.
WILKES ALLEGED STATEMENT.
William Bowen, who was released yes.
terday morning from the County Jail after
serving term of $50 days for battery,
called at the RECORD UNION office and said
he wanted to make statement in regard to
the Freeman murder case
Bowen said he intended to leave the
city TO hunt for work, but thought it
no more than right and just towards
the defendant Freeman, to tell VIVA,
Archie Wilkes, the prosecuting witness
had said in the jail-yard in the
presence of himself (Bowen) and four or
i've other trustees. Bowen said: at was
along about the 9Th or 9th of March, when
Ten OF Twelve men came into the lail-yard
and talked with Wilkes. guess they were
the Grand Jury or some other body, and ]
saw them examine Wilkes head, and
heard them ask him few questions about
the murder. After they left Wilkes came
over to us boys and told us that Freeman
didn't murder Feeney at all that be
(Wilkesl and Freeman had been in town
that day and both started home together
They ouarreled on the way and both 90,
very mad at each other. When they came
within sight of the ranch they saw Feeney
stopped over the water barrel, his head
hanging in it. They went up and fount
him dead"
Bowen further stated that Wilkes said hs
was going to send Freeman to Jail if be
could and would swear to a lie to do it.
Bowen also made this statement to Free
mans attorney.
During the trial another prisoner named
Wilson went on the witness-stand anl
said that Wilkes had made similar state
ment to him. Wilkes. however, denied thai
he had ever made such a statement.
ORANGE SHIPMENTS.