The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-06-27
AIphonso Cutaiar Must Forfeit His Life for
the Crime of Murder.


Philadelphia, Pa, June 26.-Convicted
Of the murder of johanna Logue, wife of
the notorious Jimmy Logue, Alphonso
F. Cutaiar, Jr., II years after the crime
was committed, was yesterday sentenc-
ed to hanged. 1t was not generally
known that the Cutaiar case was TO be
disposed of on a motion for a new trial,
and Judge Yerkes' court was filed with
peopls in terested in the Gentry trial.
Consequently everybody was surprised
when, shortly after IL o'clock, the be-
whiskered and self-possessed Cutaiar
was brought into CONT instead OF the
smooth shaver and fear-shaken Gentry.
Hampton L. Carson and William X.
Wagenknight, counsel for Cutaiar, pre-
coded their client to the court room.
Without any preliminary remarks,
Judge Yerkes proceeded to read his opin-
ion ruling against the granting of a
new trial. Upon the bench with him
sat ex-Chief Justice Edward NJ. Paxson,
who seemed much interested in the pro-
ceedings. The opinion was a long one
anw fully an hour was consumed in its
rdecital.
During all this time the prisoner sat
judges face. He was drinking in every
word. Not a syllable escaped him
There was a death-like stiffness in the
room broken only by the buzzing of a
big blue bottle fly on the window pane.
Although realizing that his life was
hanging by a thread. Cutaiar show ed
no emotion. 1t was evident from the
start that the judge was not favorably
disposed toward the granting of a new
TRIAL After he had been reading ten
minutes his final decision was fore
Swallowed. Mr.. Carson drummed ner-
vously but noiselessly upon the table
with his fingers. Mr.. Wagenknight took
out his handkerchief and wiped the
beads of sweat from his forehead. Gu
taiar, too, must have known how il was
going to end. But he sat there, listen
ing. and there was not the CULVER of a
muscle. not a change of expression,
nothing that could be construed into
fear, even anxiety.
Judge Yerkes reviewed the history Of
the case at length, and his opinion was
interspersed with quotations calculated
to serve as precedents. Finding that it
was necessary for the commonwealth
to prove the actual cause of death, the
judge was unable to arrive at any other
conclusion than that the opinion of the
jury was warranted by the weight OF
the evidence. District Attorney Ora
ham then read the records of the case,
and moved the court to pass sentence
upon the verdict of the jury.
The prisoner was ordered to stand up.
He arose 10 his feet unfiinchingly, and
Cnasped the iron railing of the dock
with firm hands. Mr.. Carson and Mr..
Wagenknight moved back and stood
beside him. Clerk Henszey asked Gu
taiar if he had anything TO say why the
sentence Of death Should not be passed
upon him. The condemned man turned
and looked inQuiringly at Mr.. Carson.
who leaned over and whispered some
thing in his ear.
Have You anything to say?" asked the
grizzled clerk.
At first Cutaiar sused about to speak.
He cleared his throat and opened his
mouth but no words came. Then he
slowly nodded his head in the negative,
and stood impassively awaiting the IA
tai words.
The judge, IN impressive tones. deliv- |
Grad himself o. the death sentence. While
the big blue bottle hy on the window
pane buzzed as freely as though the
shadow of the gallOws had not facilea /
u7on the solemn asSemblage After /
d,,e consideration. began the Judge. (
the conclusion has been reached that I
the verdict must be sustained. We can
only say 10 you that You should now
give vo1,r attention - the future. and !
The welfare Of your soul S the first and /
great test consi5erati ZION. To Others the /
moral OF this case may point an i'm 1
pressive lesson. 1t shows that the law
follows with leaden heel and strikes
with an iron hand. II you had r.
fected upon this YOU might not now be
where You are.
THE sentence OF the court IS that you |
b. taken hence 10 the county prison. and |
there be hanged by the neck until you |
are dead. And may God. in his IN |
finite wisdom, have mercy on your /
scuft''
The tension was relieved and the buz-
zing OF the bluebottle fly was drowned |
IN The wave OF suppressed voices. The |
man picked his ha1from the |
foo- by his side and left the court /
room. The FOOTBALLS % the Two officers
vko accompanied hi.a were not more |
firm than we've his.
Gr. WEgenku5ght, when seen after 1
the adjournmen.. said the case would |
PROBABLY be carried 70 the supreme |
court. bur could not state positively IN
til after he had consulted with Mr. Car
son.