The herald., 1894-12-09
THE ROMANCE OF CRIME,
The Murder at Hunters Ranch
Avenged.
John Craig Condemned to Death on
His Wedding Anniversary.
Arguments for New Trial Occupy the
Day. but tho Motion Denied and
ths Capital Sentence
Passed.

murderer OF Emily Craig, his wife, was
the focus Of public attraction. For the
last time the crowd again surged into
department one for the purpose of listen
ing to counsel while they made yet one
more fight for the liie--not the liberty
OF their client.
But the attempt OF counsel proved
futile. Ever since that sultry day in
July whom John Craig fred the shot
that killed his wife, he has been stand~
ing in the shadow OF the sallows. The
shadows lenethen and the probabilities
OF his span OF life being extended mater
tally are very slim.
7. B. Guthrie. G. P. Phibbs and Gen.
eral Johnstone Jones. counsel who have
been defending C,aig, have deserved the
encomiums passed by Judge Smith
but inexorable fate has been sgsinst
them. Yesterday the man for whom
they were combating every inch Of
vantage ground, sat in the background
and kept his eyes riveted on whoever
might be speaking. Self-possessed as
ever In outward appearing, what per-
feot hell may have been raging within
just IL years before he was married to
Emily Craig. young girl at that time
OF only II. Surely an added horror WAS
this, that the anniversary OF his marriage
day hould be the day that sentence
should be passed condemuing him to
the scaffold. But so 1t Was, and those
among the onlookers who we're aware Of
the fact enjoyed the scene the moro for
the added interest.
George P. Phibbs. ESQ.,, OF counsel for
the defense, began the proceedings by
moving for q new trial on the ground.
6rst, that the court misdirected the jury
in matters Of law second, that the
court erred in its decisions OF questions
OF law arising during the course of the
trial; third, that the verdict of the jury
was contrary to law and to the evidence !;
fourth. newly discovered evidence ma
terial to the defendant, and which could
not with reasonable diligence, be dis.
covered and produced as the trial.
In making the motion Mr.. Phibbs ex-
planned that they did not intend laying
especial stress on the fourth clause re
latinR to new evidence, but would con-
| fine themselves in argument mainly to
other points of objections.
I. b. Guthrie, ESQ.,, then proceeded
| to exkaustively review the action of the
court. counsel for the people, and the
testimony admitted in evidence over
! the objections OF the defense. Natur-
ally counsel devoted most of his time to
the quoting OF authorities which went
to show that the court erred in permit
ting testimony regarding the murder of
Mr.. and Mrs. Hunter on BuenR Vista
street. to be introduced and submitted
to the jury. He claimed that the only
connections shown by the prosecution
between the crime 1T Hunters ranch
and the later one on Buena Vista street,
was the evidence of s. Cssterana, who
testified that Craig had threatened to
kill the whole Hunter family. That
testimony in itself was inadmissible,
and with it out of the way, there was
nOs any testimony whatever to show q
connection between the two crimes.
THAT killing on Buena Vista street, !"
Craig brought to trial, will be explained.
At the time of the last trial We were not
acquainted with the facts in connection
with the killing of Mr.. and Mrs. Hunter,
but We are satisfied that il ever this de-
fendant 10 put on trial for that matter,
just and adequate grounds will be shown
Tor the killing.-a perfect defense made
out"
Counsel proceeding, contended that il
Craig went to the ranch with intent to
murder he might have shot his wife
when she first came to the door, and
George Hunter whom he first stepped
6nto the porch. Tin the absence Of a
murderous intent then why should
Craig have come to town and killed the
old people ?" queried counsel. 1.-THE
purpose must have bsen formed after
the tragedy at the ranch, and If no
murderous intent had been made appar.
ent on the part o. the defendant at the
ranch. then the evidence regarding the
Buena Vista street tragedy was srron.
eously admitted"
From Maine to California supreme
court decisions bearing on analogous
cases were cited, in all of which counsel
maintained the admission OF testimony
such as that referred to id the recent
trial, had invalidated every case ap-
pealed to the supreme court.
Mr.. Guthrie more brie fly touched upon
the errors OF the court in instructing
the jury and refusing to give certain OF
the instructions prepared by defense, to
the jury. Special attention was drawn
to the court having failed to define to
the jury the several degrees of murder.
| Counsel contended. that IT, . man shoots
at another, intending to kill him, and
accidentally kills some one else it is
murder in the second degree, To this
Henry I. Gage, esq.,, took exception,
main tanning that il would be murder in
the first degree.
Mr.. Guthrie concluded his argu msnt
by an appeal TO the court that the bene.
| fit of the doubt on ten several points he
had raised be given, as the law requires,
to the defendant. and . new trial
granted, wherein the prosecution will
be confined within the bounds OF lawful
testimony.
District Attorney Conklin, in replying
for the people, first drew attention to
the fact that in the instruction referring
to murder the wording of the penal .code 9
bad been followed and the law therein
complied with, 1t was left TO the jury
to decide the degree. and 90 far was
moro favorable to the defendant than If
the court had defined the different de-
grees Of murder. Proceeding to con-
tend for the admission of the testimony
regarding the Buena Vista street trag-
edy, as having been rightful and proper,
Mr.. Conklin went over the testimony,
citing the uttersnces oi the several
witnesses to show that Craig had an.
nouncsd his evil Intentions toward tho
Hunter family in the aggregate. and, in
90 doing, established the legal convic-
tions required between the frat and sec
und crimes.
Upon Mr.. Conklin concluding, G. B.
Phibbs read from 4 noted Tennessee de-