Omaha daily bee., 1896-04-05
BARNEY MCINN SENTENCED
Penitentiary for Life for the Killing O
Edward McKenna.
JUDGE THINKS IT MURDER IN FIRST DEGREE
Prisoner TO lie Kept in Solitary Con-
inement on Every Anniversary
of the Crimc-Punishment
for other Offenders.

Barney McGinn will spend the balance Of his
days in the state penitentiary at Lincoln, at
hard labor, with solitary confinement on each
anniversary Of the day on which he murdered
Edward McKenna, July 20, 1893.
When court opened in the criminal branch
yesterday, Judge Baker directed that
McGinn be brought in for sentence. There
were few persons in the court room. aside
from the usual number of attorneys. Con-
splcuous among the few spectators were
three members of the jury which found
McGlnn guilty Of murder in the second de-
gree
When McGinn was brought into court he
to the usual question Of whether he had any
thing to say why sentence should not be pro-
nounced, McGnn returned a simple negative.
Judge Baker then addressed himself to the
prisoner speaking substantially as follows:
Barney McGinn, ON March 49, last, jury
found you guilty of murder in the second
degree. You now state that you have moth
ing to say why sentence should not be passed
upon you. In your trial you were defended
by the ablest counsel in the state; you and
they must admit that you were given fair
trial and were allowed every opportunity to
prove your innocence. If the jury had found
you guilty of murder in the first degree 1t
would have determined the punishment which
should be inflicted upon you and l would
thereby have been relieved Of a most un-
pleasant duty.
There is no doubt in my mind that
crime was committed; the only question Is,
In what spirit was 1t done. l cannot help
but believe that the impulse which prompted
the commission OF the crime was not one
which would constitute murder in the Sec
ond degree. When Edward McKenna stepped
on that car with number of packages in
his hands containing provisions which he
was carrying home to he wife and little
ones, little did he think that, instead of
going to happy home, he was going to
his grave. l have no doubt but that you
stood there at that corner with murder in
your heart, waiting to kill Edward Nc
Kenna. When he crossed the street to the
other side side which was out of his
ordinary line of travel, and which would
take him away from his home, 1 believe he
did so because he wanted to avoid you.
There is no doubt in my mind that McKenna
heard the cooking of your revolver about
the time you both passed the middle of the
street. He was afraid to flee from you
for fear you would shoot at him. You fol-
lowed him across the street for the purpose
Of killing him.
EXCUSES FOR THE JURY.
'T can see that the jury recognized the
fact that you are an old and very irrita-
BILE man. / can also see that the jury took
into consideration that McKauna's state
ment to you, that they haG got your hide
(grantng that your testimony on that point
was true), excited you in a measure.
you can thank your stars that the jury
returned the verdict it did, and you can
thank your counsel for defending you in
the able manner in which they conducted the
case, for under less able direction you would
not have escaped so easily.
II will read to you the full sentence of
the court, so that you may see just what
is in store for you. The sentence Is as fol-
lows:
1.-THE defendant, having been heretofore
convicted OF murder in the second degree,
was this day brought into court in custody
of the sheriff and informed by the court of
the verdict of the jury, and inquired of II he
had anything to say why Judgment of the
court should not be pronounced against him,
and showing good and sufficient cause
why judgment should not be pronounced it
Is therefore adjudged by the court that the
said defendant, Barney McGinn, be i'm
prisoned and confined in the penitentiary of
the state of Nebraska and kept at hard labor
for the period of and during the life of the
said defendant, Barney McGinn, and also be
kept in solitary confinement in the cells of
the said pententiary on July 29 of each and
every year of the sentence, and that he pay
the costs Of this prosecution, for which exc
cutlon Is awarded.
81 trust that on each anniversary Of the
day on which you committed this crime you
will be repentant and sorrowful, and will |
consider the sorrowing woman you have |
widowed and the orphaned children whom |
you have deprived of a protector"
During the scathing arraignment of the |
court, McGinn stood unmoyed. He betrayed |
no emotion when sentence was pronounced |
and walked steadily out of the court room to |
enter upon the sentence which removes him |
from the public gaze for the balance of his |
life
MINOR OFFENDERS SENTENCED.
After McGinn had been disposed Of Frank |
Devine was called up and was given thirty |
days in Jail for petit larceny. Devine was |
charged with breaking into and entering the |
house of Mike Mcdonald in the daytime
and stealing watch and chain valued at
$16.5O. The jury convicted him of petit |
larceny.
John Haske was the next man to be pro-
vided with home free Of charge. He was
charged with grand larceny and convicted.
to his roommate. who was making prepara-
tions for getting married Haske disappeared
and was captured in South Omaha the lat
ter part Of February OF This year. The
jury fixed the value Of the property stolen
at $12S. He was sentenced to hard labor
in the pententiary for three years.
Jesse James, the negro who broke open
Union Pacific freight car and stole thirteen |
sacks OF sugar, when asked by the court II
he had anything to say why sentence should
not be pronounced, told long story about
"some other feller" stealing the sugar, but
magnanimously said he was prepared to
suffer for the crime The court gently in
formed Jesse that his story was awfully
gauzy, In view of the evidence, and gave him
fvo years in the penitentlary at hard labor
to think up another story.
Harry Misshaw, the colored boy who was
charged with assisting Alice Smith in carving
Joe Rodgers with knife, and convicted of
assault and battery, was given thirty days
in Jail.
Joseph Hoffman and George Confare, the
two young men convicted of steal
ing bicycle, the value of which was fixed
by the jury at $50 In the face OF evidence
showing that 1t was nearly new and had cost
$500 were brought up for sentence at their
own request, they agreeing to waive all
formalltieS ao to time. Confare was given
thirty days while Hoffman Jared somewhat
harder, being sentenced to thirty days and
also sentenced to pay the full costs of the
case.
cnnurn W. 10 .,Ifr. NY m, rnxTIS x1TST;7