The Wichita daily eagle., 1891-10-10
MATTox MUST HANG.
January is the Day Sc, for the E1ecur.or


The United States court adjourned last
night after busy session of three weeks.
The principal work of yesterday was the
sentencing Of those found guilty of crimes
during the term
The court commenced with young man
named James Armstrong who was con-
victed of making an assault with intent to
kill one G. NJ Hibbler in the Indian terri
tory some time ago. He was only l6 years
old when the crime was committed, and
considering his youth he was given the
lightest punishment the court could infiict,
which was one year aud one day in the
peniteptiary and fine OF 81. In addition
to that he gave him a free lecture and a
fatherly advics which the boy seemed TO
appreciate.
The next was N J. Wood, hotel keeper
of Oklahoma City, who was convicted of
manslaughter. A new trial was asked
for Wood, but it was overruled. In pass
ing sentence upon him the judge said he
considered the fact of him having family
and sentenced him TO five years in Leaven-
worth prison.
The next was Frank Brady of Oklahoma,
who was convicted of perjury. The court
observed that, considering the circum-
stances surrounding the case, he would
let him off with one year and one day in
the penitentiary and 81 fine. Peter Gates,
Brady's co-partner in crime, was given the
same sentence.
The next was J. S. Shaefer, colored, who
was convicted of stealing mail pouch.
His lawyer, Mr. Hit of Topeka, intro
duced letters showing his previous good
character, and the court took cognizance
of them by giving him only one
year and eight months in the peniten-
tary.
William Reed lame man of about so
years of age was the next called He was
convicted on three indictments of sending
obscene litrature through the mails. in
addition to sentencing him to two years in
penitentary Judge Riner gave him scold-
ing that made him shake and shiver like
an aspen leaf before the bench.
The final sentence was that imposed
on Clyde Mattox. When he was
called the court room became as
silent as tomb. His mother
who had rem aimed with him all day could
not bear to hear the sentence pronounced
upon him and she retired from the room as
did all the other tender hearted women
but two, one of whom was the young wife
of Jimmie Jacobs who is, himself, charged
with murder, She broke down and CON-
menced crying but remained in her seat.
When Mattox's mother returned he cast a
peculiar glance after her which was very
sorrowful to observe When he respond
ed to the judges call be was little paler
than usual and while he looked calm
enough, a slight nervousness could be no.
ticed about him. The judge looked like
one who did not like the task that his duty
imposed upon him, but he spoke very
calmly, solemnly and deliberately.
"Mr. Mattox," " said he, you have been
tried and found guilty of the murder of
one John Mullen. Have you anything to
say why sentence should not be passed
upon you?"
Eyes sir. have lots to say" replied the
prisoner, "but don't know that l can say
anything that can alter the sentence of the
court, only that have been found guilty
on perjured testimony"
"You have been tried fairly in this
court" said the judge ''The jury have
given your case due cOnsidera-
tion and from the evidence in the
case they could not have arrived
at any other verdict. It is my duty, then,
to sentence you to be confined in the Jail of
Sedgwick county until February the 14th,
OH which date you are to be taken by the
marshal to suitable place of execution
and there hanged by the neck till you are
dead"
The prisoner then resumed his seat, but
the judge called him back, saying that he
had made mistake in the date, and sub
stituted the 14Jh of January for theexecu-
tion to take place. This was the day
agreed upon by the judge with Mattox' at
torneys, and the February date was only
slip of the tongue.
Previous to the sentence being pro
nounced upon Mattox his attorneys asked
for a new trial for him. their chief reason
being the fact that the jury read an article
in the EAGLE of Thursday morning, re-
ferring to the case, while they were delib-
Grating on a verdict, contrary to the in-
structions of the court. The application
was denied aud the defense took the usual
exceptions.