The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1894-11-24
WORDEN ESENTENCED
The Court Says He Must Hang
by the Neck.
NOTION FOR NEW TRIAL DENIED

The Condemned Ma. Wss Convicted Of
wrsskisg . Southern PseiAe Trais
Dsrisg the Big ssrihs-Hs.rd HIS
Dssss without Bstr.ying kmstiss.
WOODLAND. November l9.-The court
room wss crowded long before 1880
this evening, the hour fixed for Dass-
Ing sentence upon Worden, the train
wrecksr. In the crowd were many
ladies'. The court excluded oil Jurors in
The Hatch trial. When asked II he had
anything 70 say Why sentence should not
be passed Mr.. Strong. attorney for wor.
den, moved to Get aside the verdict ios
reasons, first, that the court erred In in
structing the jury in matter Of Law, and
second. that the verdict 10 contrary to
the lsw and evidence. Mr.. Strong con-
tended that the court erred In not in.
structing the jury that II might bring in
verdict Of murder In the first or second
degree. OF Of not guilty. He read numer-
Gus decisions on that point. On the SEC.
ond point Mr.. Strong oontended that, il
II be admitted that ali the testimony In.
uoduoed by the defense be true, only
murder in the second degree had been
proven Mr.. Cook in reply read from
the instructions 10 the grand jury show
ing that the court not only instructed in
regard to the two degrees Of murder, but
defined both. He oontended that the
instructions expressly stated that the
three forms Of verdict submitted to the
jury we're moved upon by counsel on both
sides, all three oil whom were present.
Counsel also produced the statutes OF
1881 70 show that removing rail whether
Lille Ii taken or not. 10 an ofenee punish-
able either by imprisonment for life or
death. - the jury may elect. Judge
Armstrong alec addressed the court in
opposition 10 the motion, and Judge
Bush closed the argument in support Of
il.
The court after reviewing the argu-
mems and instructions denied Mr..
stfong's motion that the case be die
missed on the ground that the court had
no jurisdiction; that the government
Vas in control Of the road and Engineer
Clark Was u the service OF the United
States at the time the train was wrecked.
Mr.. Cook had cited many decisions in
opposition TO Mr.. Strong. The court
SAID Nc tiu mol uctlfc 10 delay the mat
ter by an examination OF these authori.
ti~s. Psoceedings hSd been taken under
the sdvice Of the Attorney General OF
the United States, and II an error had
been committed. the Supreme Cour, can
correct il. A motion for arrest Of judg-
mrpt VAS dcnicd.
The court called upon worden 10 stand
up. and sentenced him TO be hanged in
the State prieon nj Folsom Tuesday.
February IL. 1885. between the hours OF
10 4. N. and 9 =. n. Judge Grant Was
much affected ~ he pronounced the sem
tenor. but worden heard his doom with.
out be,raying any evidence Of emotion.
wordcn's attorneys have announced
their intention 10 appeal the case 10 the
Supreme Court.
The crime for which woraen Ii sen.
fenced WAS committed July II last dur
ing the great strike train Was sent
out from Sacramento under the guard Of
United States soldiers. and was wrecked
ai . bridge crossing in Yolo county. The
spikes were drawn from one OF the ties
and tie lei, in position. The engineer in
charge Of the train. Clarke, and two SOL
dicr were killed.