The morning call., 1894-11-17
SENTENCED TO BE HANGED.
Next February the Time and
E. Folsom the Place.
ALI OBJECTIONS ARE DENIED.
An Appeal to Be Taken TO the
Supreme Court on Alleged
:. Errors at the Trial.

WOODLAND, Nov. 16-At 1870 o'clock
this afternoon. the hour fixed for passing
sentence on Salter ID. W0rden, the court
announced a further postponement until
$50 o'clock in the evening.
The courtroom was crowded long before
7:S0 o. CLOCK this evening, and in the audi
ehce were many ladies. The court ex-
Guided all jurors in the Hatch trial. =
Wien asked if he had anything TO say
why sentence should not be passed Mr..
Str ng, attorney for Wcrdep, moved to set
aside the verd CT for these reasons: First,
that the court erred in instructing the jury
in matters of law, and second, that the
verdict is contrary to the law and evidence.
Mr.. Strong contended that the court erred
in not instructing The jury that 1t might
bring in verdict of murder in the first or
second degree or of not guilty He read
numerous decisions on that point.
On the second point Mr.. Strong con-
tended that IL it be admitted that all tes-
tim nny introduced by the defense be true
only murder In the second degree had
been proven.
Mr.. Cook, in reply, read from the in
structous. to the jury. showing that the
court only instructed in regar1 10 the TWO
degrees of murder, but dem ed both He
commended that the instructions expressly
stated that the three forms of verdict sub
mitted to the jury were agreed upon by
counsel on both sides, all of whom were
present. Counsel also quoted the statutes
of 1891, to show that removing a rail,
whether life is taken or not. is en- ffense
punishable either by Imprisonment for
life, or death. as the jury may elect.
+. Attorney Armstrong also addressed the
court in opposition to the motion and a =
torney Bush closed the argument in sup
port of il.
The court. after reviewing the argu-
ment and the Instructions, denied the mo-
ton. '~ .=....
Mr.. Strong moved that the case be dis
missed on The around that the court has
no jurisG ictiun:. 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 cited many decisions in oppo-
sition TO Mr.. Strong. "
The court said he did not desire to delay
the matter by an examination of these au-
tborilies. Proceedings had been taken un-
der he advice of the Acknowledgement of
the United States. IL an error had been
committed the Supreme Court could cor
rect it. The motion for an arrest of judg-
ment was denied.
The court then directed Worden TO stand
up and sentenced him TO be hanged in the
State prison at Folsom on Tuesday, Feb
ruary IL, 1895. between the hours OF 10
A. NJ. and P. NJ.
Judge Grant was much affected as he
pronounced the sentence. but Worden
heard his doom without betraying any evil
dence of emotion. WOrden's attorneys
have announced their intention to appeal
the case to the Supreme Court.
In the Hatch case Roadmaster McCrabb
was Oh the witness-stand the greater part
of the day. bis examination was much
more Ella borate than in the Worden trial,
but nothing particularly new or sensational
was developed an dhis testimony was SUBJ
stantially he same as given before.
1t is rumored that the defense will en-
deavor to prove that the wrecking of the
train was purely accidental. Mr.. Cooks
exhaustive examination of witnesses
seems TO be for the purpose of establish
ing the fact that the condition. of the
track, trestle and derailed train precluded
the possibility that the derailment was the
result of an accident. The last witness
for the defense was Fl. l.. Stevenson. a
travelling engineer of the Southern Pacific
Company, who was on the train wien the
wreck occurred. His direct testimony had
only been completed at the hour of ad-
fnurnment