The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1894-01-27
HIGGINS MUST HANG
Peter McCooey'S Murderer Sentenced
by Judge Brentano.
WILL SWING in MARCH
He Received His Doom SullenIy and Says
the Decision Was What He Expected
Under the circumstances.

j
o'clock a. m. and o';lock p. m, for the
murder of Peter McCooey.
Judge Brentano first disposed of the
motion for a new trial, which was made
by Higgins attorney, on the strength
of an afidavit made by Joseph Kauper,
of 215 Johnson street. In the AFFIDAVIT
Kauper set forth that on the morning
of Sept. 8, he saw three men run out of
the alley leading from the premises of
Peter McCooey at 1873 Johnson street,
and that Higgins was not one of the
men.
Kauper was called to the witness
stand and denied the truthfulness of the
affidavit. Assistant States. Attorney
Rosenthal read another affidavit made
by Kauper, in which he declared he had
not seen three men run out of an alley,
as alleged, because he was home in bed
at the time and knew nothing about the
McCooey murder until o'clock next
morning.
Judge Brentano asked why he had
made the former afidavit, and Kauper
answered he had been asked by Tim
Collins, street-sweeping boss, to give
Higgins a lift" and Collins had fur
nished him the information set forth in
the afidavit. He said Attorney Hanlon
had not made him any offers or sug-
gestions to sign the afidavit.
81 wish to notify the state right here
that this man Kauper must be taken
before the grand jury and an Indictment
procured against Tim Collins for supor-
nation of perjury" said Judge Brenta-
no. ''No man should be allowed to es-
cape who attemps to forestall justice in
this manner"
1--WE will look after Mr.. Collins, your
honor" said Assistant States Attorney
Rosenthal.
Judge Brentano then denied the mo-
tion for new trial.
"The court" said the Judge in pro
nouncing sentence, "has no doubt OF
Eour gilt or the circumstan noes attend
ing the preparation of your bloody
deed. There are no mitigating or ex-
tenuating circumstances in your favor.
You were possessed of the knowledge
that Peter McCooey had, as a result of
his industry and frugalitY and hard and
honest toll, laid up smallsu of money
and you determined feloniously to pos
sess yourself of these hard-earned and
honestly acquired savings.
''You were prompted by greed and
cupidity to the commission of the ter
rible deed. You planned and executed
the burglary of the dwelling of your
victim in the night to possess yourself
of his hard-earned dollars and you de-
termiped, if necessary to procure them,
if disturbed or resisted, to murder your
victim. You gave him no opportunity
TO defend himself. In the unsuspecting
hours of the early Sabbath he was en-.
loving sweet repose after hours of hard
and patient labor, in the supposed Sc
curity of his home, asleep beside his
aged and faithful wife. Suddenly and
without warning you sent a bullet
crashing through his brain and cut of
the current of his life before he had
time to realize his fate"
When ne had finished the Judge looked
at Higgins and said:
Thomas Higgins, stand up"
Higgins arose. A troubled look came
into his face, but soon gave place to one
of sullenness. He fastened his gaze OF
the Judge and stood motionless.
Thomas Higgins, it becomes my duty
to pass sentence of death upon you. L
you have anything to say why sentence
should not be passed, say it now"
Il have nothing to say,"said Higgins
hoarsely.
Judge Brentano then pronounced the
sentence. The date of execution wa
first fixed at March l6. At the reques
of Mr.. Hanlon, agreed to by the state
the date was changed to March %
Higgins was led back to his cell. Whei
seen a few minutes later, he said; 81
was what expected under the circum
stances"
The crime of which Higgins is con
victed is the murder of Peter McCooey
early one Sunday morning last Novem
Der, at his home, 153 Johnson street
McCooey had accumulated some small
savings, and it is supposed Higgins en-
tered the house for the purpose of get