The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1896-04-15


take any conviction of the boys, but
as county attorney be had 10 do his
duty. So far as the parents Of Soular
are concerned, the prisoner had taken
it out of the power of the court TO
alleviate their grief. The crime com
mitted was g cruel. cOld-blOOded.
henious one. Mr.. Arbury, continuing
said that the testimony given by the
physicians in behalf Of the defendant
showed absolutely that he was able to
judge between right and wrong. Nj.
Arhury, continuing, said that there
WAS only one possible thing that the
court could torture into exceptional
circumstances. and that was the age
Of Soular. A young mans conscience
at L is as healthy and as fertile as it
viii ever be in future life. There was
every element il the tragedy to denote
cruel. inhuman, premeditated muir
der II must say in behalf Of the
state, said Mr.. Arbury, THAT his age
is not one OF the exceptional circum-
stances which give the court the
license to choose between death and
Imprisonment
Judge Moer in his sentence said as
follows, words which were true and
based upon careful consideration:
THE fact that you perpetrated this
crime" said his honor, leaves no
doubt in my mind that. SO far as a
boy Of your age and understanding.
you were capable Of generalization.
I believe that the verdict of the jury
in this case was right in every par
ticular The killing Of this old man
was brutal, and without paliiation or
justification. The recommendation
of the jury for mercy is entitled TO
weight if there are exceptional cir
cumstances. 1t is, provided that there
are exceptional circumstances if the
court certifes Of record. The ques-
ton is whether there are exceptional
circumstances in this case which
warrant this court from INJECTING the
extreme penalty The court holds
that you are mentally responsible,
and, while approaching the gravity
of the crime. the law does not punish
guilty people out of revenge: it is to
deter Others from emulating your ex-
ample. / am unable to find any miti-
eating circumstance, unless it is your
age. From all the evidence submit
ted by your counsel after your exam
ination by the physicians, and your
own statement, / am unable TO see
that there is any circumstances that
would warrant my suspending the
sentence of capital punishment
He then sentenced Soular to be con-
fined in the county jail for so days,
until such date as Governor Clough
shall fix the date when he shall be
hanged by the neck until he is dead.
Ve7rill had nothing to say in his
behalf. but his attorney, Wilson,
made few remarks and tried to show
the court that EeErill was mentally
irresponsible. He said: 1t had been
adduced from the evidence Of the
doctors that Verrill's brain was slug
gish and dense. and that he was large
II dependent upon the opinions Of
others. In other words, his opinions
was merely the reflex of that possessed
by another person He said that
Nerrill was apt to be controlled by a
stronger mind. The defendant had
at the first instant turned back from
killing DeMars, but. upon Soular's
commanding him for the third time
to fire, he lucklessly did so. This boy
seems to be creature, subject for the
control Of others-a fit subject for
Imprisonment. but not for the hang
mans moose. The boy is a good boy,
kind hearted and generous to a degree
all Of which has been shown
Mr.. Arbury stated that he did not
think it meet tnat Soulars should
stand in this light. The official
stated that Verrill had no fear of
SoulaI. The fact was that Verrill
had the revolver. All the ammuni.
ton for the rife was exhausted after
Soular fired the second shot into De-
Mars. and Verrill deliberately walked
up and put another charge from the
revolver into the body. Not word
Mr. Arbury said, had been lisped,
either in the confession or by wit
nesses, relative to this until Verrill
took the stand himself. This was
the only possible loophole through
which he could eScane and his At