Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-26
NEW TRIAL REFUSED
Irwin Ford Will b Sentenced to Death
Tomorrow
Judge Coles Remarks In Denying til e
Motion-An Early Date for tho
Hanging.

Judge Cole this morning denied Irwin
Ford, the convicted murderer of Elsie
Kreglo. a new trial, directing that the pris-
oner be brought into court tomorrow MORN
ing to receive his sentence. The judge init
mated that he would sentence the self
confessed murderer to die either the latter
part of next month the first of the fol-
lowing one, remarking that the day Of his
death, In mercy to the man, should not be-
prolonged beyond the proprieties Of the
case.
1t was decided late yesterday afternoon
by Messrs. Arthur Peter and R. Newton
Donaldson, the young attorneys assigned to
defend the prisoner by Judge Cole, that
they would not argue the motion for
new trial. and this morning. in the presence
OF large throng. attracted by The Stars
announcement that Ford would be SEN
fenced today. Mr.. Peter read the motion,
and then stated that he and his associate
mad decided to submit it without argu-
ment: The questions" explained Mr.. Pc
ter, ARE those raised during the trial and
were then. after being fully argued by us,
overruled by the court. We feel that we
can offer nothing In support of the motion
now which was not presented to the courts
attention then. We are, therefore willing
to submit the motion without argument,
and that we do. feeling confident that your
honor will decide 1t fairly and after a con-
case"
Motion Refused.
District Attorney Birney had, of course,
nothing to suggest, and then Judge Cole
| addressed counsel for the defense as fol-
lows: When Ford was arraigned he plead
ed guilty. The circumstances of the case
mad then been brought to the attention OF
the court through the public press, but of
course, the court was not judicially inform
ed of the facts in the case, and for that
| reason 1 felt I could not impose sentence
upon the defendants plea of guilty There
| fore, the court promptly adopted the sug-
| sestion of the district attorney that the
plea be set aside and the prisoner be given
a trial. That the man might enjoy a fair
and impartial trial, ! assigned you two
| young gentlemen to defend him. and de-
sire to say here that you conducted the
defense in gentlemanly, loyal and lawyer
like way. doing for the defendant all that
any one could have done for him. and ney-
| er going beyond the professional require
mentS of the case.
But the evidence in the case" con-
| tinued the judge, Ito my mind was over
! whelmingly conclusive Of the defendants
| guilt. do not see how amy jury could
have rendered any other verdict. even
The revolver found near the dead girl
was identified by those who sold it to the
| defendant. and it was also shown that it
| was in his possession a few days previous
! to the murder That fact alone unex-
planned by the defendant, was sufficient to
convict him. But it was also shown that
| he fled before being accused of the crime,
| and that when arrested at Harper's Ferry
| he attempted suicide. Flight is, of course,
another strong evidence of guilt 1t is
more than probable that the defendant
| was induced to tell all he knew of the
| case, but / am satisfied that his statements
| We're not improperly induced or forced out
| of him. but were simply the promptings of
| guilty conscience. Such statements, the
law says. are the strongest kind Of evil
| dence, particularly so when, as in the pres
ent case, they are corroborated by other
| evidence. So. even If the defendants state
| ments were improperly Induced, which do
not believe. they were verified by other and
Independent evidence"
Il think the defendant has had a fair
and impartial trial." further explained
Judge Cole. land l am fully satisfied with
the conduct of the case. both by the gov
er1'ment and by the defense. and. too. with
the verdict. The question of the date of
the prisoners execution I will dispose of
tomorrow morning. l feel however. that
1t should be at as early a day as the pro-
prieties of the case will permit. for feel
1t would be kindness to the prisoner not
to prolong his life beyond a reasonable
counsel for the defense VIII or will not
carry the case to the Court of Appeals
If they honestly believe that I have COM
mitted any material error they should take
| 1t there. But the time in which to do that
should be very brief, that the appellate
court may decide the matter before Its
adjournment next month for the summer.
So, II counsel for the defense decide to
carry the case there I will fix the time
| in which to get there at ten days. If the
case Is appealed the date of the defend
! day during the first week in July. If
not, the execution should be fixed for some
day during the last week in June. But
will give counsel for the defense until 10
o.
| matter. and at that time 1 will impose
sentence"
Early Execution.
While Ford's counsel will hold the mat
| ter Of an appeal under consideration until
| tomorrow morning, the general impression
| Is that they will decide. IL. indeed, they
| have not already done so, that there is no
hope of securing new trial, and will de-
| cline to appeal the case.
Judge Coles belief that 1t would be an.
act OF mercy to set as early q day for
Ford's execution would be consistent
with all the proprieties Of the case is also
that OF the Rev. John Roberts, the WELL
known colored evangelist, who is the muir
derer's spiritual adviser. Speaking to a
Star reporter today. Mr.. Roberts said:
Ford Is in q nervous, demoralized state
Ills appetite Is bad. and, while he real
ICES fully that he must seen die he is
brooding over his crime and losing spirit
Inoeed, feel that, despite the mans great
physical strength, he will die before the
Gay of his execution II 1T is set for any dis
| tant time. Unfortunately he cannot read,
| ard, as he is kept locked up by himself, his
| mind Is constantly on his crime, the enor-
| nifty Of which Is cor stantly growing on
him. He has told me that 1t was due alone
| to whisky. of which he says ne drank a
PINT before committing the crime. He also
| tells me that 1t was not premeditated, but
was the result Of a sudden drunken i'm
pulse: BE that a., It may, I feel that he is
fast breaking down, and unless something
can be done to relieve his mind 1 greatly
fear that he will be a physical wreck the
day OF his execution, especially If it Is
long delayed. 1 feel, however. that Ford
is sincere in his efforts to make his peace
with God, and that his cemOrse is gen