New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-10-09
WEDNESDAY,,
OCTOBER 9. 1895.
DECIDED AGAINST BAT SHEA
THE COURT OF APPEALS SAYS THAT HE
MUST DIE.
A sCArHrNG REVIEW OF THE PLOT THAT ENDED
IN THE MURDER OF ROBERT ROSS on AN

A scArHrNG REVIEW OF THE PLOT THAT ENDED
IN THE MURDER OF ROBERT ROSS on AN
ELECTION DAY IN TROY.
Albany. Oct s-The Court OF Appeals to-day af'
hrmed the judgment OF the lower court In sentene'
ing Bartholomew Shea to be executed for the muir
der OF Robert Ross In Troy during an election nsns.
Shea is now in Dannemora Prison. The opinion "
the case Is written by Judge Peckham, and all the
Judges concur. with the exception OF Judge nIie"'
who was absent. The court finds that the indct-
ment was Unlawfully procured. and that the
Committee OF Safety's circular did not anect the
furry as the decision warranted by the evidence
The motion to postpone the trial. the court thinks
was right. After reviewing the election PRACTICES
which prevailed in the Thirteenth Ward on the az
the murder occurred. the court says
The conduct Of the defenden, and his COMPANIONS
ia almost beyond belief Under the circumstances
those men who armed themselves for the purposs
of resisting attack and for scaus. sSev
refused TO be driven from the polls and at;emptsd 20
with force an armed attack dpo, criticsm
comes in bad from the defendant ana we Sn
him or mitigaes the character Of the act The ne
fighting precipitatsd by ana h,s friends
trophe The first ball which was fred by the d e.
PENDANT at Robert Ross penetrated the BACK par. =.
his head entered the brain and caused instant deatn
The autopsy showed this. We are enurey s1rc
although II We had a rational doubt on that sub.
ject there being at east conflict IN the eTu. rT
we should feel at liberty to reverse the nnd,ms
Of the jury where such nds Is not TO have BEEN a.
usnced BY any improper sap the question
a.. t te the state OF the Defendants mind in regard
to GOODNESS and deberaten a; the very sme %nen
tends to show that the act deliberate. and that
in its the S rsc0 was contains su
meianchoy instance OF the results Of !densss and
,op hta
and mad upon tSl the
tn nsetns their candidate for alderman BY fraud
votes and they pSrs%sd i as sss not sppeas
n fa effen mD s%a nHe to political
the defendant belonged Such men have no pSiisSSs
s these repeaters vote for the candidates who pay
by ans @
there are prominent pubic or party men en- s T
,,nn Smch practices as are now spoken Of must
be stamped by the most vigorous ana aci ,i,'
3 The repeater is the modern pirate an
enemy of organized and civilized society and It Is
IMPORTANCE nw Of the subject be
hui this Ia not the occasion TO enlarge upon AZ
Viewing this case in all It's aspects we feel that
there Is nothing for this court 10 20 Quiet VIA" ="
afirm the judgment
TROY n Y Oct. S-The murder OF Robert hosS
occurred on Election Day. Tuesday, March g. iS's'
in the Third District OF the Thirteenth Ward OF tns
city Shea was the leader OF gang OF repea'en'
An a,,empt was made to prevent the repeaters from
voting. Shea drew a revolver and Robert hoss
attempted to disarm him. William Ross ran 10 MS
brothers assistance and man named McGoush'
seeing him approach fired Robert seeing MS
brother fall threw off Shea and started IN pursu'.
Of McGough Robert Ross fell, and Shea ran past
bin, ord Hred at the back OF Roberts head this
being the fatal shot. Ct, - ~. oharoe NJ
The Grand Jury indicted Shea on the cnaIfe vi .,
murder in the first degree and an extraoIulnaty
term OF court was ordered by the Governor for the
trial iuctce Pardon c. Williams. OF WatertoWn,
nresidngI The verdict Of guilty was reached shortly
after IL o'clock on the night before the Fourth OK
July, 1894