The record-union., 1898-10-09
SENTENCED TO DEATH.
A Judges Remarkable Language in
Sentencing a Murderer.

Judge Benedict, who was Associate
Justice Of the Supreme Court of New
Mexico for thirteen years from 1853
was an original character in many
ways. One Jose Maria Martin had
been convicted in his court of murder
under a state of facts showing. great
brutality and with no mitigating cir
cumstances, whereupon Judge Benedict
sentenced him to death in the following
language:
Jose Maria Martin, stand up. Jose
Maria Martin, you have been convicted
by jury of your countrymen of the
crime Of murder, and the court is now
ABOUT to pass upon you the dread SEN
tence Of the law. As a usual thing.
Jose Maria Martin, it is a painful duty
for the Judge Of a court of justice to
pronounce upon a human being the
sentence of death. There is something
horrible about it, and the mind of the
court naturally revolts from the per-
formance of such a duty. Happily.
however. your case is relieved of all
such unpleasant features, and the court
takes positive delight in sentencing you
to death.
You are a young man, Jose Maria.
constitution and robust health. Ordi-
narily you might have looked forward
to many years of life and the court
has no doubt you have, and have ex-
pected to die at a green old age; but
you are about to be cut off in conse-
quence of your own act. Jose Maria
Martin, it is now the springtime; in a
little while the grass will be springing
up green in those beautiful valleys
and upon those broad mesas and
mountain sides flowers viii be bloom
ing; birds will be singing their sweet
carols, and nature will be putting on
her most gorgeous and most attractive
robes, and life will be pleasant, and
men Will want to stay, but none of this
for you, Jose Maria Martin; the flow
ers will not bloom for you, Jose Maria
Martin; the birds will not carol for
you, Jose Maria Martin. When these
things come to gladden. the senses of
men, you will be occupying a space
about six by two beneath the sod, and
the green grass and those beautiful
flowers will be growing about your
lowly head
THE sentence of the court is that
you be taken from this place to the
County Jail: that you be there kept
safely and securely confined in the
custody. of the Sheriff until the day ap-
pointed for your execution Be very
careful, Mr.. Sheriff, that he have no
opportunity to escape and that you
have him at the appointed place and at
the appointed time. That you be so
kept, Jose Maria Martin, until - Mr..
Clerk, on what day of the month does
Friday about two weeks from this time
come? C'March 22d, your honor')-
very well, until Friday, the 22d day of
March, when you will be taken by the
Sheriff from your place of confinement
to some safe and convenient spot with
in the county,; this is in your discretion.
Mr.. Sheriff-you are only confined to
the limits, of the county; and until you
be there hanged by the neck until you
are dead, and-zthe. eourt was about to
add, Jose Maria Martin, may God have
mercy on your soul, but the court will
noA assume the, responsibility of asking
an all-wise Providence to do that which
sjury of your peers has refused to
do. The Lord couldn't have mercy on
your soul. ~
However, If you belong to any re-
ligious organization, 1t might be we'll
enough for You to send for your priest
or your minister, and get from him
well-such consolation as you can, but
the court advises you to place no reli-
ance upon anything of that kind Mr..
Sheriff, remove the prisoner"
It is a pleasant sequel to this dread