Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-07-13
III WAS DEFIANT.
kcgSsS ATTENDING TEE SENTENCING OF
sFRENOHY."
ions,r in Dread Of Recorder Smyh and The
~ Re Dropped his Hunted Look and Dis
rlavsd No RmOhon-Was ''Sbskss-
Mares Blood That Was Found on
tho arabs Shirt.

4 Fw YORK, July 12.-"Frenchy," or
~eer Ben Ali, the name by which he
/. moro likely to De known in criminal
sieforv. stood sullen and stOlid Friday
Il Me bar Of the Court Of General Ses-
sans as Recorder Smyth sentenced him
"a llfe imprisonment at hard labor for
the butchery of "Old Shakespeare" in
The East River Hotel on March 25 last.
An eager crowd thronged the court
room and many other people waited
outslde to catch a glimpse of ''Frenchy"
nsbe alighted from the prison van.
rAmeer Ben Ali, to the bar" called
Clerk Welch, and q moment later
nFrenchy" stood face to face with the
Recorder, of whom he stood In such
awful dread during the trial. There
was no look of dread on that Swarthy
face now and his cringing Su6Servience,
80 noticeable at the trial, had given
way to defiant Indifference.
The usual formal questions were ask
cd the prisoner through an interpreter
When the question was asked whether
he knew of any reason why sentence
should no. be pronounced upon him ac-
cording 20 law, his counsel, Mr.. House,
rose to his feet and moved Tor q new
trial.
He urged his motion on the following
j. Because the verdict is contrary to
law.
against the evidence.
q. Because it is against the weight Of
oeidence.
:. Because the Court erred in deny
Ing the defendants motion to advise
the jury TO acquit.
5. Because the Court admitted Illegal
ard improper evidence and excluded
legal evidence.
6. Because the Court miSdirected the
inry I'm matters of law and refused to
hStrlc. them, as requested by the de-
fendant, aud the defendant took eXcep-
hon on such refusal.
Z. Because, against the protest OF the
defendant, the prosecuting attorney, In
his opening address, used improper Ian
euage ID the jury, and IN the doing or
which he made a direct attack upon the
character of the defendant, which had
not been inquired into; and
s. Because the Court erred in not
permitting the defendant TO attend the
iury when they visited the scene OF the
Alleged homicide. There is one part OF
fhe charge TO the jury I desire 10 call
your HOnOr's attention TO In which
there can be no doubt that clear error
was committed.
Certain exceptions were also urged 10
The Recorders charge.
The motion was denied, and then Mr..
blouse made further motion in arrest
of Judgment. He urged the latter
on the ground that the facts alleged In
the indictments did not constitute a
crime and that more than one crime Is
alleged In the same count.
The motion met with the same tate
as the previous one, and then Mr..
HqHs Saiad lPa tRe gGGFFBgs Sc 9%9RR6'tSSaaa
man who committed il was guilty of
murder in the first degree If he was
guilty at ALL Why men, presumably
Intelligent and honest, should render
such a verdict as the one Ia this case he
could not imagine. He intended 10
barry the case 20 another court, and be-
licved that he would secure a new
trial and jury Of twelve more intelli-
get men than those who tried the de-
feudant before the Recorder.
con the evidence" said the Recorder
In beginning, ''the jury would have
been justified in finding a verdict of
guilty of murder In the first degree"
He then went on 20 say that he did
not believe that such a verdict would
have been interfered with by the higher
Court. Re believed the jury to have
been an honest and intelligent one, and
that its members, in reaching their YER
dict, took into consideration the mental
capscity of the man.
$50 far as / am concerned" said Re-
cOrder Smyth in conclusion, Il am sat
isfed from the facts in this case that
the jury arrived at as proper n conclu-
sion as human integrity and human In
teligence could do. There IS Ono-but
One-Sentence that can Oe imposed. l
have no discretion. There is no ne
ceSSity to refer TO the evidence in the
ease. as the prisoner does not under
stand what the Court says. Let the in
terpreter inform him that he has been
found guilty of one of the most afro
ciouS crimes of which man can be con-
Victed. and that the Court sentences
him to Imprisonment, with hard labor,
IN Sing Sing Prison for the term Of his
natural life"
When the sentence was explained TO
F'Frenchy" by the interpreter his face
did not change and he did not evince
The slightest emotion as he was led
away.
Later in the day Mr.. House fled a
notice OF appeal from the verdict with
the General Term Of the Supreme
Court.
The trial of "Frency" has been made
tho text OF a very elaborate and eX-
tbauStive paper by DR.. Austin Flint,
which will be published in the Medical
journal After reciting the facts or
The homicide and outlining the theories
of the prosecution and defense, DIR.
Flint says that, stripping the case OF all
minor considerations and circumstances
which may have influenced some
Of the Jurors more or less, the
evidence which convicted the prisoner
was that the various specimens
Examined by the experts for the people
presented blood mixed with matters
which must have come from the small
Intestine, and which by no reasonable
theOry could be on the prisoners cloth
Ing and person unless they came from
the body OF the murdered woman. Ii Is
This point In the case which, as far as
be knows, Is without precedent, and IS
of peculiar medico-legal interest and i'm
pOrtance.