Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1894-11-23
WORDEN TO HANG
The Date for His Execution !.
for February T., 1895.
THE CASE TO BE APPEAL. I'd

The Condemned Man Was Copvio..
Wrecking a Southern Pacie.
During the Big StrIke-Beara
Doom without Betraying Emotio,s
WOODLAND, November l9.-Tba oou
room was crowded long before ~.
this evening, the hour fixed for 49,.
ing sentence upon Worden, the fra
wrecker. In the crowd were
ladies. The court excluded all inro,a !.
the Hatch trial. When asked if bo t'1
anything to say why sentence sbopld
be passed Mr.. Strong, attorney for w
den, moved to set aside the verdict ).
reasons, first, that the court erred IN :
structing the jury in matter of Law -,
second, that the verdict is contrary =
the law and evidence. Mr.. Stronc
| tended that the court erred in not "? =
structing the jury that it might br:nc'th u
verdict OF murder in the first or eocol ~
degree, or OF not guilty. He read mimi uu
Gus decisions on that point. On tbesos
ond point Mr.. Strong contended tbot !,
it be admitted that all the testimonui.
troduced by the defense be true on y,
murder in the second degree had baag!
proven Mr.. Cook in reply read fron.
the instructions to the grand iurv show
ing that the court not only instructed; !,
regard to the two degrees of murder bnt
defined both. He contended that tbo
instructions expressly stated that tbo
three forms of verdict submitted tn tbo
jury were moved upon by counselor both
sides, all three OF whom were present
Counsel also produced the statutes ~
1891 to show that removing rail ,wbethe.
life is taken or not, is an ofense punish.
able either by imprisonment for life q,
death, as the jury may elect. JUDGE
Armstrong also addressed the court IN
opposition to the motion, and Undo.
Bush closed the argument in support ii I
it.
The court after reviewing the argu
ment and instructions denied N,
Strong's motion that the case be dis
missed on the ground that the court had
no jurisdiction; that the government
was in control of the road and Engineer
Clark was in 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 he did notdesire to delay the mat
ter by an examination of these author.
ties. Proceedings had been taken unde,
the advice of the Attorney-Ge Of
the United States, and if an error had
been committed, the Supreme Court can
correct it. A motion for arrest Of judr.
ment was denied.
The court called upon Worden tostand
up, and sentenced him to be hanged in
the State prison at Folsom Tuesday
February II, 1895, between the hours Of
10 A. NJ. and 2 p. NJ. Judge Grant wal
much affected as he pronounced the sen.
tence, but Worden heard his doom with.
out betraying any evidence of emotion,
Worden's attorneys have announced
their intention to appeal the case to the
Supreme Court.
[The crime for which Worden is sen.
fenced was committed July II last dur.
ing the great strike. A train was sent
out from Sacramento under the guard Of 4
United States soldiers, and was wrecked
at a bridge crossing in Yolo county. The
spikes were drawn from one of the ties
and tie left in position. The engineerin
charge OF the train, Clarke, and two soF |
diers were killed, Z