St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-22
A REMARKABLE SENTENCE.
AJudge Who Took Delight in Pro
nOuncing Death on a Prisoner.

A Judge Who Took Delight in Pros
nouncinC Death on a Prisoner.
Santa Fe Letter
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 was a justice of the SUI
preme court of New Mexico, having
been first appointed in 1858 by President
Pierce and reappointed by President
Buchanan, and appointed chief justice
of the court by President Lincoln. He
was man of great ability ana learning,
strong in his prejudices. violent in his
passions and relentless in his conylc-
| tons.
There are many anecdotes told of
| Judge Benedict, but the browning act
| Of his judicial career was the sentence
| of death passed by him upon prisoner
| convicted of murder, which sentence
was as follows:
Jose Marie Martin. stand up. Jose
Marie 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 a
| usual thing, Jose Marie Martin. it is a
painful duty for the judge Of 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 positive delight in sentencing you
| to death.
you are young oman, 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 at
! green old age; but you are about to be
| cut off as the consequence Of your own
act. Jose Maria Martin,-it is now the
| spring time; in little while the grass
Will be springing up in these beautiful
valleys, and on these broad meSaS and
mountain sides flowers will be bloom
Ing, birds singing above your l0Wiy
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
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 %, your honor"
VERY well-until Friday, the 22d day
| of March, when you will be taken
from your place Of confinement to
some safe and convenient spot
within the county Chat is in your discre-
ton, 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 souls but the court
will not assume the responsibility of
asking an alI-wise Providence to do that
which a jury OF your people have re-
fused to do. The Lord couldn't have
mercy on your soul. However, if you
have any religious belief, or are con-
nected with any religious organization,
it might be well enough for you to send
for your priest or minister, and get from
him-well. such consolation as you can,
but the court advises you to place no
reliance upon anything of that kind.
| Mr., Sheriff, remove the prisoner"