Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-04-01

dict by adding thereto the words:
without capital punishment"
The defendant in this case is a
proper witness in his own behalf;
but the jury may consider the fact
that he is the accused person testi.
flying in his own behalf. in deter
mining what weight and credibil.
ity they will give TO his testimony.
You are not bound to consider the
testimony of the defendant as alb.
solutely true, or any part of il as
absolutely true, or equal to the tes-
timony of one disinterested wit
ness. You are TO bear in mind
that the defendant speaks in his
own behalf to discharge himself Of
a criminal accusation; and you are
to consider the great temptation
that one so situated is under so to
testify as to procure an acquittal
Upon consideration of the facts and
circumstances, taken in connection
with all the evidence in this case,
you are to accord to the testimony
Of the defendant such credit as you
think il is entitled to.
Tuesday morning the prisoner
was brought into court for sent
ence. After it was pronounced
stay of one hundred and ten days
was granted to prepare the APP
peal, ETC., and the prisoner was
taken 70 Muskogee and placed in
Jail. Following are Judge Spring
er's remarks in pronouncing
THE SENTENCE.
"The grand jury of this court
having found an Indictment against
you for the crime of murder, the
case was set down for trial, the
jury was empanneled, and after a
long, patient and careful consider.
alton by the court and by the at
torneys, and after all Of the testi-
mony bearing upon this charge was
heard, the jury retired, and, after
considering OF their verdict for
three or four hours, returned into
court a verdict OF guilty. Congress
recently passed an act which au-
thorized juries, who were called
upon to try persons charged with
the crime Of murder, to qualify the
verdict by adding thereto the words
"without capital punishment"
The adding of these words was in
the discretion of the trial jury and
that jury has, in your case, made
that qualification. Had il not been
for the recent act of congress, and
had the jury made the same return
of guilty, it would have been the
painful duty of the court 10 pro.
nounce the sentence oil death upon
you; but the charities of the law
and the kindly feeling of mankind
for one another have induced con-
gress TO pass this law OF clemency
and have moved this jury to return
this verdict of clemency in your
case, in order that the death pen
atty might not be inflicted upon
you; but that you might be impris-
oned in the penitentiary at hard
labor for life. The court does not
impose this penalty, but simply
pronounces it. The law imposes
il aud the court has no discretion.
may say, however, that in your
case | patiently listened to ali the
testimony, and the argument OF
counsel, and l concur with the jury
in their verdict of guilty beyond a
reasonable doubt. The mind OF
the court was convinced of that
fact by the chain Of circumstances
which surrounded you and which
led this jury to return this verdict.
This is a very serious matter. You
are now young man, twenty-five
years Of age believe, and in the
natural course of things you will
yet live many years. Our prisons
are so managed that persons there
are not subjected to hardships be-
yond the endurance OF human ma
ture, but you will be required tC
perform hard labor. This sentence
being one for life, no good time
can be allowed you to mitigate ol
shorten II When you pass the
iron doors of the prison you leay,
behind you the light that shines
about you here in this beautiful
territory; and you will be shut ou
forever from the friends OF YOU
youth, your mother, your sisters
aud your brother. You cannot
hope again to return to these
scenes. You must be content tC
live in seclusion, to sleep in dark
ness, and il any voice comes to you
in the night il will be the voice
that you heard when this crime
was perpetrated, the voice of your
murdered victim crying for help
} | admonish you now, as you deparl
from the scenes OF your deeds, e
: make your peace with your Makel
and get forgiveness for this awfuI
} crime OF which you have beer
convicted. II is the worst
most heirous Of all offense'
, known 10 the law, 10 kill 4
} fellow being in cold blood for Tho
sole purpose Of gain and robbery
This IL the crime for whlel. yol
/ have been Convicted, aud us yol
90 down yourself under this verdicl