The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1893-01-10
WESLEY WARNER CONVICTED
AND SENTENCED TO BE HANGED
ON MARCH Is.

disregard to the reasonable doubt under
the whole evidence, which is guaranteed
to every defendant in criminal case the
evidence was not sufficient to justify the
Jury in finding defendant guilty of muir
der in the first degree the verdict does
injustice to the defendant, being given IN
der pressure of public clamor and predju.
dice; misconduct of the jury in visiting
the scene of the murder; misconduct Of
Sheriff Shinn in taking his meals with
the jury newly discovered evidence.
Mr. Chambers argued his points al
length. On the question of the jury visit.
ing the scene of the murder, he said be
recognized the fact that the defendant
had waived all right to exception on this
point, but he thought the statute thor.
oughly set forth that a defendant,
on trial for his life, had no right to waive
lanything. When the matter was first
drought to their notice it was a surprise,
and in the hurry of the moment, counsel
took what they deemed to be the best
course for all concerned.
In support of new evidence, Mr.. Cham
bers read an affidavit from DIR. Bradnor,
a specialist on mental diseases resulting
from intemperance, tending to show that
Warner was irresponsible when he COM
mitted the murder.
C. E. Hendrickson followed Mr. Cham
bers in an earnest appeal to the Court,
speaking for over an hour.
The judges retired for a short confer
ence, and on returning Judge Garrison
said the Court was unanimous in the
opinion that the motion should be re-
fused. The case, as tried, was properly
tried, and there were no legal grounds for
interference with the verdict. The only
point upon which there had been any
hesitancy, was the legal question whether
the prisoner had the right to waive any
thing in the trial. They did not deem
this point matter that in any way I'M
fairly prejudiced the jury.
1t was matter of law which might be
considered by the Chancellor. The ques-
ton of the jury visiting the scene of the
murder was not of sufficient importance to
have weight here. Defendants whole
plea was intoxlcation. He did not
deny the killing, nor did he pretend he
WAS not at the place of killing, hence the
fact that the jury walked to the place,
could not have worked to his detriment.
At the conclusion of this decision,
Prosecutor Budd said it was bis duty to
ask the court to pass sentence upon Wes-
ley Warner, who he now presented for
that purpose.
| Judge Garrison said Wesley Warner,
the grand jury indicted you for the muir
der of Elizabeth Peak. The jury before
whom you were tried designated your
crime as murder of the first degree.
I'm accordance with that verdict it is
the sentence of the law and the Court
doth adjudge that you be taken hepce to
the prison from which you came. there to
be incarcerated in solitude. and that on
Wednesday, the fifteenth day of March.
between the hours of ten O'Clock, g. m,
and two o'clock, p M. within said prison
or in some enclosure within its walls, you
be hung by the neck until your body is
dead"
Warner stood in very composed man
ner, but as the awful closing words we're
spoken, his face, which had been very
red, grew purple, and when the officer
touched him on the arm to leave the
room, be walked as one dazed Once in
the open air, however, be regained his
composure and walked with steady step
to his cell.
! After the prisoner had retired, the
Court announced the jury to witness the
execution. 1t is as follows Evan F. Ben
ners, Chester DIR. Richard C. harrington,
Northampton ]. Earl Forsyth, Pember-
ton; William F. Morgan, Cinnaminson ;
William ]. Trick, southampton DR.. Will
liam ii. Shlpps, Bordentown; Alfred s.
Wills, Willingboro' Stacy B. Taylor, New
Hanover; John 81. Croshaw. Springfield ;
Richard G. Dudley. Mount Laurel Chas.
H. Pitman, Woodland George A. A lin
son, Burlington.
THE TRIAL OF WARNER.
Following is an account of last weeks
proceedings:
On Tuesday morning the trial of Wes-
| ley Warner was continued.
William H. Sapp was the first witness.
He said: 81 reside on Mill street, and
I had refreshment stand on the Fair
ground. Saw the Peak girls at the beer
saloon, and saw girl sick, but could not
say it was one OF the Peak girls. Thought
the girls were all drunk, but cannot say
the Peak girls were."
Charles Lucas testified II live at Bur
llington, and was at the Fair on Friday
Saw Warner just as was leaving the
ground, and also saw him on the train.
He had been drinking. and said he want
ed to go to Burlington, but had no money.
He was going, however, if hehad to fight
his way The next I saw Of him was at
Atkinson's hotel the following morning
when he showed he had been drinking,
although he was quiet"
Theodore Phillips: II remember the
Saturday night after the Fair, and went
to bed about eleven o'clock. Later the
door bell rang, aud went to the window
and saw Warner standing on the step.
He wanted team to take him to Bur
llington. / asked him if he had any
money, and he replied that his mother
would pay when they arrived at Burling
ton. I did not take him."
John Fl. Peak, blacksmith, of Mount
Holly: WAS at vansciver's hotel on Sat
urday evening. Warner was there and
was drunk"
DR.. R. G. Darlington "Am Prison Ply
slcian. Have studied authorities on alco
holism. l saw Warner soon after he wal
committed to Jail on the day following
the murder He gave indications of ner
vousness, as one who had been freely
drinking for some time. He had beer
given a sedative, but was very shaky
and also very depressed. treated hin
tor some time with the idea of overcom
ing the effects of the drinking Warne
. spoke of wound on his body. but ! die
, not make any special investigation OF
, that point He was decidedly emotiona
on the points OF grief or mourning. easil,
moved to tears. A prolonged debaucl
always produces mental conditions o
great depression. The ordinary effect o
free drinking is to greatly intensity tn
/, emotional nature OF man, increasing