Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1892-05-12

money IN the possession Of Frsuk Van Loon AFTER
the sih day Of August, and nobody has been Wild
enough 10 claim that he has had any before. viii
discard the whole Of Mrs. Huddls's testimony n
you want to. Then are some things about her tes-
timony do not put much faith In myself, and 4
this mans life dspsnded on her testimony alone
this court would say It enough to take 1t away
$50 dissari her testimony a. to the money be
had or that she claimed him TO have had but We
hnd him Boosting Of It. and We and him lnstructing
people to say that he got that money OF his moth
erin-Aw nd father in-lsw and that it was 20 given
to him. We and that he had paid 1875 for a house
aud lot sOon after the commission OF this ocense
and that he had much more than sl25 left.
''We hnd him coming into the court here aban-
doning the explanation be hsd before given as 10
how he had Obtained that money and his sister tes
tifying that che had loaned this accused s5OU on
an unsecured note Of Frank Van Loon aud bis
vie
at is needleSs to say that even II that were true
that testimony fails to account for the large amount
ofmoney he had in his hands at the time It is also
needless to say to those who heard the testimony Of
Cora Oliver that testimony has been absolutely des.
troyec, the circumstances have shown 1t 10 be false
no means whatever. and Cora Oliver loaned him on
these promisory notes $500 for which he had no i'm
mediate use and for which he had no immediate
necessity and of which he did not intend to use but
sS75 conflict With his statement as to where he
got it. it certainly did not GO down with and
| | do not believs It should.
"There was another strange thing to me. that he
should meet that old man (whose name have for
gotten) that honest old farmer and ask him fhe did
not want SOM money, and then to use that peculiar
expression used by the murderer of William Van
Denmark, 4 am a second Jesse James,
Nov there are other circumstances, but it Is
sufficient for me to call attention to those and to
say that when 1t is heralded about the country that
the jury werc unjust forgot their obligations in
any way in returning this verdict 1t is such an in
justice to this jury that when this court can speak
it is it 8 duty to speak upon that subject.
"ofthis alibi that offered here it was so utter
y and thoroughly destroyed by the testimony that
I do not think need review it..
THAT old almanac that John Bailey sent for Mrs.
Sanders or her girl, with the dates put down in it
are convincing There is plenty of other testimony
to destroy that abb. but if there was nothing but
John Baileys testimony, with these questions and
answers taken in the grand jury room when these
persons were under the soemnity Of oath is enough
in my opinion to end that alib forever.
81 think the jury did right in saying that should
not be considered that ii did not cast reasonable
doubt the identity of Frank Van Loon as the man
who committed the bloody murder on the 9Th of
August last"
| The court after passing upon other questions
raised, overrulcd the motion for new trial.
Judge Handy's sentence follows:
81 feel il no pleasant duty to encounter. what I
feel the law has imposed upon me. have said
enough, perhaps, In deciding the motion for a
trial. to convey to your mind my earnest belief
in your guilt. As haYe stated, you have been ably
defended and l can say in addition, too, that you
haye been fairly prosecuted.
"I feel certain that you are the man who shot and
killed William Van Denmark, and the murder was
the most coldblooded, vicious and Unwarranted
which ever read.
"It was committed in wanto malice and carless-
ness Of human life.
"The law says, not the court, that for this you
shall die; therefore it is the sentence of the court
that you be safely kept, as provided by law until
Wednesday, November the d, 1892 and before the
hour of sunrise on that day. and within the walls of
the pentertiary, you be hanged by the neck until
you are dead, and may God have mercy on your
soul -