The herald., 1894-12-09

one Tennessee authority stood alone. II
was badly reasoned and the full weigh!
of authority in the United States and
England 10 against il. He did not max
any argument whatever, and the court
gave its ruling. Judge Smith prefaced
his remarks by saying that the trial was
notable for the many questions OF inter-
est that had arisen. Alluding to the in
struction to the jury regarding tho crime
OF murder. objected to by the defense.
he said that he had not questioned in
any way the matter OF degree for, logi-
cally, it only could be murder in the first
degree. He had refused certain OF the
instructions submitted by the defense.
because he had thought they had not set
out certain facts fully enough, and in
other cases were too argumentative. He
had never heard abler arguments during
his short experience on the bench than
those offered by the defense, and he
could not usurp their prerogative in
giving the instructions to the jury.
Very briefly indeed did Judge Smith
touch upon the question of admitting
the testimony regarding the second
crime. He simply stated he had ex-
psrienced no change in his view regard
ing the question. He then denied the
motion Tor q new trial to which the
defense took the usual exceptions.
Then came the point Of interest for
which the thron z of spectators had been
patiently waiting all day. The late
afternoon was shading off into night,
and the court room " as becoming dark.
The bailiG LIT two or three gas jets, and
the gloom was moro apparent. Dark
shadows were cast all around and the
uptuyned faces in the body OF the court
room looked ghastly in the uncertain
light.
"Dsfendant, stand up" The court
spoke, and Craig. 90 he stood up and
stepped forward was, perhaps. as col
.5csSa, il appearance. 80 tbs most dis-
interested spectator. The lines on his
forehead despened, and the furrows
under the eyes were more marked, but
that was all.
A hum of suppressed excitement
spread through the court, but the bailiff
raped for order, and silence, absolute
and complete. reigned while sentence
was being passed.
The court recited the facts OF the case
in statutory form. and asked the de-
fendant ii he could show any legal cause
why judgment should not be pro-
nounced. Craig answered in the mega.
tive.
Mr.. Phibbs interposed a motion in
arrest Of judgment, but was oyerruled.
1t is not in my heart" said Judge
Smith, Ito say one worfthat can add to
your unfortunate situation. The Htings
and whips OF guilty conscience are far
beyond words, and will not add to the
torture you are enduring. In common
with all we'll thinking people. l think
your position one deserving OF commits
GRAFTON. While detesting the crime.
there can be only pity for one who could
90 forget his manhood and commit q
heinous crime such ga that for the COM
mission of which you have been con-
victed. In some respects it has not q
parallel in the annals of criminal pro-
cedure. Rushing on your victim with fer
ocity. you shot her down without mercy
"One might have thought the innocent
babes, whom you protested to love 80
she who stood before you was their
presence and then fed away"
Briefly reviewing the murder Of Mr..
and Mrs. Hunter, Judge Smith ended
by saying: For euch crimes there ie
but one punishment-death. 1t is there
fore the judgment oi this court that you
suffer that penalty, and it is ordered
that within 10 days from this date you
be taken to the state prison and thers
handed over to the warden. and at 9
future date, to be set out in the warrant
OF execution, you shall be hanged by
the neck until you are dead"
It was over the tension relaxed, and
the crowd began to move from the court
room. Mr.. Phibbs gave formal notice
OF appeal, and the Craig case closed.