Los Angeles herald., 1891-05-04
A REMARKABLE DEATH SENTENCE.

Judge Benedict's Condemnation of
Murderer the Queerest on Record.
One of the most eccentric and at the
same time one of the ablest judges that
ever sat upon the far western bench was
Kirby Benedict, who for thirteen years
waJ justice of the supreme court of
New Mexico, having been first appoint
ed in 1853 by President Pierce and reap
pointed by President Buchanan, and ap-
pointed chief justice of the court by
President Lincoln. He was q man of
great ability and learning, strong in his
prejudices, violent in his passions and
relentless in his convictions.
There are many anecdotes told Of
Judge Benedict. But the crowning act
of his judicial career was the sentence of
death passed by him upon prisoner con-
victed of murder, which sentence was as
follows:
"Jose Maria Martin, stand up. Jose
Maria Martin you have been indicted,
tried and convicted by q jury of your
countrymen of the crime of murder, and
the court is now about to pass upon you
the dread sentence of the law. AS a
usual thing, Jose Maria Martin, it is a
painful duty for the judge of a court of
Justice to pronounce upon human be-
ing the sentence of death. There is
something horrible about it, and the
mind of the court naturally revolts from
the performance of such duty. Hap
PLY, however, your case is relieved of all
such unpleasantness and the court takes
nnQIfIUa 6Qliehf in canfarnir,rr 10
death.
"You are young man, Jose Maria
Martin, apparently of good physical con.
stitution and robust health Ordinarily
you might have looked forward to many
years of life, and the court has no doubt
you have, and have expected to die a
green old age; but you are about to be
cut off in the consequence of your own
act. Jose Maria Martin, it is now the
spring time; in little while the grass
will be springing up green in these beau
tiful valleys, and on these broad mesas
and mountain sides; flowers will be
blooming, birds singing above your lowly
head.
"The sentence of the-court is that you
be taken from this place to the county
jail; that you there be kept safely and Sc
cprely confined in the custody of the sher-
iff until the day appointed for your rexecu-
ton. Be very careful, Mr.. Sheriff, that
he have no opportunity to escape, and
that you have him at the appointed place
at the appointed time; that you be SO
kept, Jose Maria Martin, until-Mr
Clerk, ON what day of the month does
Friday about two weeks from this time
Gomez "March 90, your honor" Every
well-until Friday, the 22d day of March,
when you will be taken by the sheriff
from your place of confinement to some
safe and convenient spot within the
county (that is in your discretion, Mr..
Sheriff; you are only confined to the
limits of the county,, and that you there
be hanged by the neck until you are
dead, and-the court was about to add,
Jose Maria Martin, may God have
mercy on your soul, but the court will
not assume the responsibility of asking
an all wise Providence to do that which
a jury of your peers has refused to do.
The Lord couldn't have mercy on your
soul. However, if you have any relig-
ious belief, or are connected with any
religious organization, it might be well
enough for you to send for your priest
or your minister and get from him
well, such consolation as you can; but
the court advises you to place no reli-
ance upon anything of that kind. Mr..
Sheriff, remove the prisoner. Santa Fe
Taftar