The herald., 1894-11-17
Sentence Passed on the Train
Wrecker.
The Date of Execution Set for
February 18th.
He Heard His Fate Announced With
Indifference.
The Sentencing Judge Was More A.
fected Thau tho Prisoner-The
Hatch Trial - Pacific
Coast News.
By the Associated Press.

By the Associated Press.
WOODLAND, CAL, Nov. 18. The court
room was crowded long before half past
O'Clock this evening. the hour fixed
for passing sentence upon Worden, the
rain-wrecker, and in the audience were
many ladies. The court excluded all
jurors in the Hatch trial. When asked
if he had anything to say WHY sentence
should not be passed. Mr.. Strong, attor.
ney for Worden. moved to set aside the
verdict for the reasons. fret. that the
court erred in instructing the jury in
the mstter of law, and second that the
verdict is contrary to the law and evi.
dence. Mr.. Strong contended that the
court erred in not instructing the jury
that it might bring in verdict in the
first or second degree or of not guilty.
point.
On the second point Mr.. Strong con-
tended that if all the testimony intro.
duced by the prosecution be true, only
murder in the second degree had been
proved.
Mr.. Cook. in reply, read from the in
structions to the jury, showing that th Q
court not only instructed in regard to
the two degrees of murder, but defined
both. He contended that the instruc.
tions expressly stated that the three
forms of verdict submitted to the jury
were agreed upon by counsel on both
sides, all OF whom were present. Coun-
sci also produced the statutes OF 1891 to
show that removing a rail. whether life
is taken or not, is an offense punishable
either by imprisonment for life or by
death, as the jury may elect.
!. Judge Armslrong also addressed the
court in opposition to the motion, and
Judge Bush closed the argument in sup
port OF it.
The court, after reviewing the argu.
ment and the instructions, Mr.. Strong
moved that the case be dismissed on the
ground that the court has no juriedic-
tion; that the government was in con-
troll OF the road and Engineer CLARK was
in the service Of the United States at
the time the train was wrecked. Mr..
Cook cited many decisions in opposi-
tion to Mr.. Strong. The court said he
did not desire to delay the mat.
ter by an examination of these authors
ties. Proceeding had been taken under
the advice of the attorney general of the
United States and il an error had been
committed the supreme court can cor.
rect it. The motion for an arrest of
jud gDaent was denied.
The court then directed Worden to
stand up and sentenced him to be
hanged in the state prison at Folsom on
Tuesday, February IL, 1895, between
the hours OF 10 q. m. and p. m. Judge
Grant was much affected as he pro.
nounced the sentence. but Worden
heard his doom without betraying any
evidence OF emotion. Worden's attor-
news have announced their intention to
appeal the case to the supreme court.
In the Hatch case, today Roadmaster
McCrabb was on the witness stand the
greater part Of the day. His examina-
tion was much more elaborate than in
the Worden trial, but nothing particu-
larly new or sensational was developed,
and his testimony was substantially the
same as given above.
1t is rumored that the defense will
endeavor to prove that the wrecking of
the train was purely accidental. Mr..
Cooks exhaustive examination of wit
nssses seems to be for the purpose of
establishing the fact that the condition
of the track, trestle and derailed train
precluded the possibility that the derail-
ment was the result of an accident.
The last witness for the defense was
H. l.. Stevenson, a travelling engineer of
the Southern Pacific company, who was
on the train when the wreck occurred
His direct testimony had only been
completed at the hour of adjournment.