The record-union., 1894-11-17
Special to the REcoRp.UN1oN.

stand up. 1t is the judgment of this
court that on Tuesday, the 18th day OF
February, 1855, between the hours 10
o'clock in the forenoon and o'clock in
the afternoon of said day, in the State of
California, at Folsom, you be hanged by
the neck until you are dead, and may the
Lord have mercy on your soul. Sit
down."
With these fearful words, in the breath
less silence of a densely crowded court
room, Judge Grant disposed OF the mo-
tions made by Worden's counsel for a
new trial. It was the sensational, awe
inspiring climax of one of the most sem
sational murder cases ever tried in Cali
fornia.
Long before 7:30 o'clock, the hour SET
the courtroom was thronged with NOR
bid mass of men, and the corridors and
doorways were blockaded by those IN
able to gain admlttance, but who stood
for an hour or more with craned necks to
catch something OF the awful proceed
ings within.
"Gangway! Ga0fwa cried Deputy
Sheriff Phil Wyckotf. There was a surg
ing of the crowd as it struggled to open
deile, through which the officer ana the
prisoner laboriously worked their way
into the room.
Worden took a seat at once by the side
of his counsel. lie did not display any
unusual concern or anxiety, but there
was evident the growing realization OF
his situation in the knit eyebrow and
resolute expression.
Judge Bush appeared for the first time
as counsel of record in behalf of the
prisoner to assist Mr.. Strong in pre-
senting the arguments in support of
the motion for new trial. MIR. Strong
pleaded that the court had erred IN not
instructing the jury that it might find de-
fendant guilty OF murder IN the second
degree, and on this point read numerous
array of decisions from the Supreme
Court of California.
Carroll Cooks response was that the
instructions were given with the consent
of defendant; that the court had not re-
fused to instruct that a verdict of murder
in the second degree might be brought
in, for the reason defendant had not
asked for any such instructions.
Mr.. Cook read from the instructions.
contending that the court mad not ad-
vised against any kind OF a verdict.
Judge Bush argued with earnestness
that the instructions were so put that the
jury had no choice but to ind defendant
guilty in the first degree or not guilty.
He argued tkat the court haG priss.s,s.iI; /; (,
taken away from the jury the considera-
tion Of willful intent and premeditation,
by thus eliminating the question Of guilty
in the second degree.
Mr.. Cook replied that the cases cited by
the prisoners counsel went off on the
error of the court in presuming facts in
instructing the jury,
The court interrupted Judge Bush to
challenge counsel TO read any part OF the
instructions that embarrassed the Jury in
arriving at any kind OF verdict. The
court plainly anticipated its determine
tion to deny the motion, and so ordered.
Thereupon Mr.. Strong moved that the
defendant be dismissed, on the ground
that the court had no jurisdiction; that it
was case that belonged properly to the
Federal courts, as the deceased Clark at
the time Of his death was in the employ
of the Government. Counsel cited the
Neagle case.
The court quietly disposed of this OBJ
lection. 1t was a question for the Su-
preme Court TO settle. This court had
against its protest, made for the purpose
OF saving the people of Yolo County the
expense of these trials, been instructed
by higher authority TO proceed with the
trial, and the question OF jurisdiction
was settled so far as the court was con-
cerned.
"Have you any further reason to offer
why sentence should not now be
passed 2" asked the court.
Silence was the sign of exhausted re-
sources. Like the hunted hare drawn
into trap, the defendant could only wait
anu receive the worst that he knew was
inevitable.
Then the court went on in solemn
tones: There being no sufficient cause
why the defendant should not at this
time receive the Judgment of the court.
judgment Will now be pronounced. MIR.
Worden, this information was filed
against you September 20, 1894, charging
you with the commission Of murder al
legged to have been Accomplished by the
derailment OF train and the killing
thereby of Samuel Clark. Upon that
charge you were arraigned on October ,.
1894, and after being informed by the
court OF your legal rights, and appearing
with attorney OF your own selection you
pleaded not guilty to that charge.
''On the I'D of October you . were
brought TO trial, and after the assistance
OF counsel in the selection of a Jury. and
the taking OF testimony in this court. the
jury were instructed, and went out and
returned into this court with a verdict of
murder in the first degree. Had thew
seen fit to do SO they might have fixed
your punishment at imprisonment in the
States prison for life. Not having done
so, the law gives me no discretion.
must impose the penalty of death. Stand
up"
Then occurred the scene and the fatal
words depicted in the opening of this re-
port.
At the command of the court .sto sit
down" Worden took his seat He mut-
tered something, but in an inaudible
voice. He bore himself with composure
and resignation. AS he passed out of the
courtroom he muttered something about
his poor opinion of California Justice. and
asked his brother TO write to "Maryu
presumably his wife, about it.
Worden's counsel will undoubtedly
appeal, and it is not at all likely that the
sentence will be executed on the date
fixed.
Worden has issued a circular to the
American Railway Union and all labor
organizations, in which he denies that he
every made any confession, and appeals
for aid to carry on his fight for life. He
vigorously maintains his innocence.
TRIAL OF HATCH.
WOODLAND, Nov. 16.-In the Hatch
case Roadmaster McCrabb was on the
witness-stand the greater part of the day.
His examination was much more elabor-
ate than in the Worden trial. but nothing
particularly new or sensational was deyel-
oped, and his testimony was substanti-
ally the same as given before.
1t is rumored that the defense viii en-
deayor 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