The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-06-27
a murderer receiving the sentence Of

murderer receiving the sentence OF
death.
you have been twice convicted -
said Judge Williams, his voice trembl-
ing with emotion, land ii is incompre-
hensible that you are not guilty of this
charge Twenty-four men have said on
their oath that you are guilty. It is not
for the court to say more now, | am
only an officer Of the law to enforce its
| mandates.
Il am glad to learn that you have
sought forgiveness and are trying to
live a better life and l trust in the time
given you that you Will seek TO make
your calling and election sure 1t was
said thousands of years ago that who
sheds mans blood by man shall his
blood be shed. tits therefore ordered and
adjudged by the court that you he taken
into custody of the marshal and safely
kept until Friday, the 18th day of Oc-
tober, \. u, 1895 and that on that day,
| between the hours of ii O'Clock a. m,
and o'clock p. m, you be taken by said
marshal TO some convenient place in
the city of Wichita, in the county Of
Sedgwick and state of Kansas and that
there and then you be hanged by the
neck until you are dead, dead. And
may the Lord have mercy on your
soul"
The the condemned man walked with
Marshal Medley to his office with the
same firm step with which he entered
the court room.
When he entered the marshals office
reporter for the Eagle congratulated
him for the courageous manner in
which he had stood the trying ordeal.
Il could stand it," said he, because
I am innocent 1T is given to man
once to die and if / must submit to
this injustice and die for a crime that
] never committed | will die like a man.
l have not the least fear of death. II has
no terrors to ME"
Then Mattox said that his mother
was in the city but that she had re-
manned away from the court room and
then he entered the marshals private
Office as he stated that he wanted TO
talk TO Mr.. Medley alone.
After Marshal Neeley came out OF
his office a reporter for the Eagle asked
him If he would keep MattoX here until
the time set for the execution. He
, declared emphatically that he would
not. When asked why he would not
Mr.. Medley spread out his hands palm
/ downward and moved them in a semi
circle and closed his lips virtually say
ing. answer that yourself. Postmaster
Fitch who accompanied the marshal
answered: You know he got away
once here
While the supreme court sustained
the court below and issued It's man
date to Judge Williams to enforce the
verdict Of the jury and the judgment
of the court il is not generally known
that three of the judges of the supreme
court rendered a dissenting opinion
The statement of the case by the su-
preme court shows that on Dec. II, 1889,
John Mullin was killed in Oklahoma
on territory within the jurisdiction OF
the United States court. That an in
dctment was returned by the grand
jury against Clyde MattoX at the Sep
tember term of the district court "A I
Wichita in 1891, at which term he was
first tried and convicted.
From this conviction he sued out writ
of error from the supreme court which
reversed the judgment of the lower
court and remanded the case for a new
trial. Was put upon trial again at
the December term in 1893 and again
convicted Weherupon he sued out this
last writ of error.
Error was assigned to the court be-
low, a. in assuming jurisdiction of the
case; CO in not RENTING the indict-
ment to the circuit court for trial: G)
in admitting to the jury the reporters
notes of the testimony of two witnesses
at a former trial who had since died;
tD in refusing TO permit the defendant
to Introduce the testimony OF other wit
nesses to impeach the testimony of the
deceased witnesses upon the ground
that the proper founda ton had not been
laid for such imDea element.
The opinion of the court sustaining
the court below was delivered by JUS