The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1892-02-18

When yesterdays TIMES informed
the citizens of Roanoke that the jury in
the jeff Dooley case was unable to agree
upon verdict, and had been held over
by Judge Robertson. they began to
wonder as to the cause of the division,
as the evidence clearly proved that Doc
ley was guilty.
Excitement ran high when it was re-
ported that the jury stood eleven to one
for conviction, and that one was Yves.
ley Jeffries, the colored jurym an. When
Dooley was escorted into court yes ter
day morning the room was thronged
with city officials and prominent citi-
zens.
Judge Robertson ordered the Jury to
BIO brought in and when Clerk Brooke
asked them If they had arrived at
verdicti the foreman, w. p. Dupuy,
stated that they had. Tho clerk then
requested the foreman to announce the
verdict. Mr.. Dupuy said, in solemn
tones, Guilty of murder in the first de-
gree"
Eston Randolph, Dooley's counsel,
then asked that the jury be polled. The
juoge ordered the clerk to poll the Jury,
and Wesley Jeffries, the negro juryman,
said "yes" in firm tone to the question
OF the clerk as to whether that was his
verdict The other jurymen also an
swered Eyes" in firm tones.
Mr.. Randolph then asked the court to
set aside the verdict as it was contrary
to the law and evidence. Judge Robert
son Immediately overruled the motion
and said the verdict was in full accord
with the eviderce He turned to the iury
and told them he fully concurred with
them in their verdict and thanked them
for the patience and attention they had
displayed during the trial. When
Judge Robertson told tho prisoner to
stand up and receive his sentence, q
death like stiffness prevailed in the
courtroom and every ear was strained
to catch the words that were being pro-
nounced.
Judge Robertson proceeded to pass
sentence upon the miserable wretch.
When Dooley first arose to his feet the
Judge glanced at him, but delivered
most of the sentence with his ewes fixed
to the floor. lie talked in a quiet low
tone, but every word seemed to fall with
startling distinctness upon the man
whose life has justN been forfeited. He
spoke as follows:
ut has now become my duty to pro-
.nounce the sentence of the law upon
you. Will not'take advantage of our
relative positions of Judge and prisoner
at the bar to upbraid you for the crime
which you have committed, nor will I,
in spirit of self-righ teousness. take
advantage Of this occaaion to preach a
sermon.
"Of the moral aspects of this case it
is not tor me to speak. The tribunal
appointed to settle such questions has
pronounced you legally guilty of muir
der in the first degree, and for this the
only punishment is death
After giving to the evidence the
closest scrutiny of which am capable.
find no ground for saying thai the
verdict of the jury is palpably and
clearly wrong Unless l can say this,
L have no right to set that verdict
aside.
"Ihe pity, which as man ] feel for
you, cannot be allowed to sway the
Judgment which have to pronounce as
Judge, whose sworn duty is to obey and
maintain the laws.
Therefore, the Judgment of the court
is that. by the sergeant of this city, upon
Friday, the Sth day of April, 1892. be-
tween the hours of 10 a. m and o. H.,
you be hanged by the neck until you are
dead, and may God have mercy upon
your soul"
Dooley hardly seemed to realize his
position. His countenance wore mys.
titled look and his eyes stared straight
at the judge.
Immediately after sentence was pro-
nounced Sergeant Traynham and Dep
uty ergeant Wright took the prisoner
to the station house.
nf 40
Dooley to the depot While waiting
for the train crowds of people focked
to the waiting room to got look at the
prisoner. He did not appear to be
frightened as he sat between Officers
Eanes and Early both Of whom were
armed with Winchester rifles.
DooleY refused to admit anything to
his counsel or anyone else at the depot.
lie said he had been employed near
Pocahontas by. Messrs. Houston and
Sexton, and had worked on the Elxborn
extension. He was asked where he was
the night of the murder, prior to 12
o'clock. He said he did not intend to
tell anything about the matter, and
feigned to be unwell when questioned
about the killing, or his whereabouts.
He said be was going to prepare him.
self to die. Although he did not be-
long to any church, he believed in the
Bible.
He said he left Roanoke the Sunday
before the murder, and went to work in
the Houston mines. Officers Early,
Eubanks and Eanes accompanied the
prisoner to Lynchburg. They hat the
same pair of handouts on him that
Lavender had on when he was hung.
Little Mary, one of the causes of the
murder, gave vent to her feelings by
yelling and screaming at the station.
house when she was told that Dooley
was to be hanged. Detective John