The herald., 1897-02-11

his stoicism had given way just trifie,
and his eyes were moist and his jaws
worked convulsively, as If he were set
ting his teeth hard together.
The charge set forth in the informa tion
was read to him by the court, and then
he was asked If the knew OF any legal
treason why sentence should not be passed
upon him.
"I have nothing to say" and hope
less smile fitted across the face OF Bar
thelman
Whether it was the pitiful, wan smile
on the defendants fact that prompted
it or not the court TOOK occasion TO
utter with solemnity the following ad-
monition:
THE VOICE OF THE LAW.
"You understand 1t is the law that
speaks, not me. l am only one of thou
sands of others IN this state that ad-
dress you 1t is the law that has to
be vindicated. and it says that man
that with malice kills human being
must be punished with death. You have
been tried, convicted and must suffer
the penalty, and l hope that you will
serve as warning to others who may
be tempted to take away the life they
cannot restore.
"It is the judgment of the court that
within ten days from this date you be
taken by the sheriff of this county to
the states prison at Folsom, and there
delivered over to the custody of the
warden, and by that warden, at time
to be hereafter determined, you will be
hanged by the neck until you are dead"
That ended II. His doom was pro-
nounced and Barthelman passed out
under double guard as one under sem
tence of death. The reserve that has
distinguished him from the first and
that momentarily seemed to lift while
sentence was being passed, again en-
shrouded him. He refused to enter into
conversation.
THE PRISONER SPEEDS NORTH.
Sheriff Burr had, in anticipation of the
death sentence being passed, determined
TO take Barthelman north at once. and
a 80 he was taken to the Arcade de-
pot in a hack, and was soon speeding
northward in the custody of the sheriff.
There was something rather odd
about this procedure, however. Attor
ney Shannon, of defendants counsel,
Immediately after the court had passed
sentence, moved for a stay of execution
of three days, to permit him to file no.
tice of appeal. The section of the penal
code bearing upon the matter provides
that the filing of notice of appeal in cap
ital cases stays all proceedings pending
the decision of the supreme court, but
none the less were preparations made
to take Barthelman north. Attorney
Shannon, getting an inkling of what was
going on, went out to Judge Smiths res
idence and then learned that the court
had never heard his motion for stay
to permit the filing of notice of appeal.
Under such apparent misapprehension
the death warrant. wherein the date
for the execution of Barthelman was set
for May 7th, the last Friday within the
limit of time specified by the law, was
signed and the prisoner was speeded or
his way without opposition.
Among the court and sheriff's Office
officials some difference of opinion
seemed to exist regarding Barthelman's
being so quickly removed. 1t was con-
tended that in ordinary cases, upon the
court signing the certificate of proba-
BILE cause defendant must be detained
pending the decision of the supreme
court, for to send him to the peniten-
tiary w uld be to force a defendant to
begin q -5ntence that was being ap-
pealed n
IN l. CAUSE OF ECONOMY.
In a capital case, however, argued
these soions things are different. By
removal to Folsom Barthelman is only
doing what he would be doing if he
had been retained in the county jail
awaiting the date to arrive for his exc
cution. BY being taken to Folsom, how
ever he relieved the local officials of a
load of responsibility and the county of
the extra expense incurred by reason
of the necessity for placing a death
watch, night and day, upon the pris-
oner.
Meantime Barthleman has gone to
Folsom where the death cells are tombs
for the living. At San Quentin a pris-
oner may see the sunlight illumire his
cell and catch a glimpse of the blua
sky. Not so at Folsom. The walls and
ceiling are of granite and heavy gun
fired outside could scarcely be heard by
a condemned prisoner within these tomb
like chambers. High up on the wall is
a tiny, heavily barred window admitting
a scanty light and inside the walls are
of a dazzling white. Abandon hope
all ye who enter here" might truly be
inscribed over the doors of these cham
bers, and in one of them Barthleman
will remain until the supreme court
passes upon his case,