The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1891-02-26
a Remarkable Sentence.

One Of the most eccentric and at The
same time one of the ablest judges that
ever sat upon tho far western bench was
Kirby Benedict, who, for thirteen years,
was justice of the Supreme Court OF
New Mexico, having been first appointed
in 1853 by President Pierce and reap.
pointed by President Buchanan, and ap-
pointed chief justice of tho Court by
President Lincoln. He WAS q man OF
great ability and leaning, strong in his
prejudicss, violent in his passions and re-
lentless 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 convicted
of murder, which sentence was as fol.
lows:
'sJose Maria Martin, stand mp. Jose
Maria Martin, you have been indicted,
tried and convicted by a 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 us-
ual thing, Jose Maria Martin, it is q
painful duty for the judge Of court of
Justice to pronounce upon human being
the sentence of death. There is something
horrible about it, and the mind of the
court naturally revolts from the perform
ance of such duty. Happily, however,
your case ia relieved of all such unpleas--
antuess, and the court takes positive de-
light in sentencing you to death.
20
Martin, apparently ofgood 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 at q
green old age; but you are about to be
cut off as the consequence of your own
act. Jose Maria Martin, it is now in the
spring time; in a little while the grass
will be springing up in these beautiful
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
securely confined in the custody of the
sheriff until the day appointed for your
execution. 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 so
be kept, Jose Maria Martin, until-Mr.
CLERK, on what day of the month does
Friday about two weeks from this time
come ?" "March 90, your honor" every
well-until Friday, the 22nd day of
March, when you will be taken from your
place of confinement to some safe and
convenient spot within the country 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 Cd all wise Providence to, do
that which a jury of your people have re.
fused to do. The Lord could not have
mercy on your soul. However, if you have
any religious belief, or are connected with
any religious organization, it might be
we'll enough for you to send for your
priest or your minister aud get from him
we'll, such consolation as you can but
the court advises to place no reliance on
anything of that kind. Mr.. Sheriff, ra-
move the prisoner.-Santa Fs Letter in
Ptttsburg ledger.