The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-01-10
SENTENCED TO DEATH.
Wesley Warner Will Pay the Ez-
treme Penalty Of His Crime.
THE COURT REFUSED A NEW TRIAL.

The Defendants Counsel Makes an Flo.
quent Plea for Mercy, but Judge Gar.
rison, After Carefully weighing the
Evidence, Sentenced Lizzie Peaks Slayer
MT HOLLY, Jan 10.-Thc motion for A
new trial for Wesley Warner was heard
by the court vest erday The defendant
was brought into court by one of the Off
Gers and be nodded familiarly to several
OF his acqnaintances. He seemed to be as
serene and unIuffied as usual None of
the members of his family were present
Charles X. Chambers, counsel for the de
tense gave the reasons upon which he
based the application for new trial as
foliows That the verdict of the jury was
against tEe weight of evidence; that the
jury failed To give the defendant the weight
ol the reasonable doubt to which he was
entitled, that the evidence was not suffi.
cient to warrant verdict of murder in the
frst degree; that the jury had been ntiu-
enced improperly by newspaper reports of
the defendants alleged attempt to murder
ms 1ailor and break jail, such reports being
1als" and untrue in every respect; that the
verdict was contrary to the charge of the
court; that the jury had acted improperly
during the trial in visiting the scene of the
properly in remaining with the Jury at i'm.
proper times and also dining with them,
and also because of the fact of newly dis
covered evidence.
New Evidence introduced.
The defense also had newly discovered
evidence IN the shape of expert testimony
An - Il; made by DR. y Roc Blodner
of Philadelphia, was then read
DR. l,rOlnpr IL , SbppiuiiGt nm
and his affidavit SET forth that he Is of the
opinion that the defendants mental CON
dition, as shown by the testimony, was at
the time Of the commission of the murder
such hat he was incapable of forming
deliberate purpose to take life War
ner's condition resembled alcoholic trance,
ard II he was in that condition he was not
responsible for the act;
The defendants affidavit was next read,
in which he denied having wilfully done
the deed, and furthermore. that he was
preiudcel by the story that he had at
tempted to kill his keeper and escape from
the Jail Thestory was gotten up by Daniel
RNan, prisoner from Burlington, who
merely did so to escape punishment him
self, and that furthermore Ryan had con-
coeted similar story while imprisoned at
Trenton, where he had connived at the es-
cape Of another prisoner. This statement
was verified by Edward Norcross, another
prisoner in the Jail, who said Ryan had
admitted TO him that he had assisted
prisoner TO break from the Jail at Trenton,
and would assist Warner to escape if he
wanted to-
Counsel therefore urged that mercy
should be shown the defendant, and that
he be given = new trial. The testimony on
the mart pf thu GpfnttSn .yIItl1 ha4a ,n,,
WINGED any Jury not preiudiccd against the
defendant that he was not guilty of muir
der in the first degree. The court then re-
tired for a conference, and upon their re
turn unanimously agreed that there was
no legal ground for interfering with the
verdict
pas.iI,.. tI.n nnniI, S.r,Iap..a