The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-10-14
TO DIE DECEMBER 5.
Brown Policeman Gebhardt's
Slayer, Receives His
: Sentence.
DALY's TECHNICAL DEFENSE
DALY'S TECHNICAL
Judge Lippincott Upholds the
Death Penalty and Scourges
the Murderer Mercilessly.

James K. Brown, the name under which
.Tobn Preston was convicted of the murder
of Policeman Charles Gebhardt, in Hobo
ken. on July 26, was sentenced in the
Oyer and Court, this morning,
to be haEged in the County JAN on
Thursday. December 5, between the hours
of ten A. M. and three P. M. The prison.
er, handcuffed to Deputy Sheriff Frank
Hague, was brought overyfrom the Coun-
ty JAIN by Sheriff Heller and placed in the
seat be had occupied during his trial. His
natural pallor seemed to be somewhat in
creased, but he showed no sign OF weak
ness. Senator DAILY. his counsel, ex-
changed a few words with him.
When Justice Lippincott announced that
this was the day fixed for the sentence Of
Brown, Senator DAILY said:-.
II desire to enter on the record a mo-
ton for an arrest of judgment. / hold
that the testimony of City Clerk p
mott that Gebhardt was a police officer
was improperly admitted The Indictment
against the defendant was for the killing
of a private citizen. This testimony was
admitted. and your Honor charged the
Jury that the defendant had killed an Off
Ger in the discharge of his duty. ! sim
ply desire to nave my objection entered
on the record"
Justice Lippincott overruled the motion
and allowed an exception, saying the
Court understood thai Mr.. Daily was
adopting all possible means for the pro-
lection of his client. Justice Lippincott
then directed the murderer to stand up
and said
s.Malicious, deliberate and premeditated
murder should always be met with
capital punishment under the law. 1t IS
the revealed as well as the human law
and it should be irrevocably maintained
on our statutes and no false philosophy
or sentimeptality should be allowed 70
prevail against it. 1t is necessary for the
protection of society which exists in any
well regulated State. 1t is essential tor
the effective preservation of the life OF
the law abiding citizen in all his pursuits
of life from the President in the cabinet
council to the at the plough in
the fields, that the death penalty should
be at all times set steadily and unfinch-
ingly in the face of the malicious,
deliberate and premeditated murderer.
The Court has no sympathy to express
because of the unfortunate. condition in
Which you mo yourself lVUds, ooi
counsel labored in your behalf with great
zeal and ability. No fact which could
nave any bearing in your favor was left
unproduced, and no fact in the case was
not put in the most favorable light TO you
to the jury. You. with premeditatior,
killed an officer in the performance Of his
plain duty. You are a common criminal
and you maliciously killed a brave officer
Of the law and a good citizen. 1t is need
less to add that the verdict of the jury
was to the Court a satisfactory one. You
well merit the doom which is approaching
you. It is now the duty of the Court to
impose sentence
Justice Lippincott then, in the formal
language used in such cases. sentenced
the defendant to be hanged on December
s. The prisoner was taken back to the
Jail.
This afternoon Justice L~ippincott an
nounced the following Courts jury to wit
ness Browns execution:-Albert Dear,
Jr.. Thomas McKeon. DIR. Charles IT.
Snyder, DIR. John ID. McGill, DR.. Burdett
p. Craig, the Rev. John l.. Scudder, the
Rev. Army S. Biddle, DR.. Augustus I:
Hill. Oscar S. Cole. Robert Davis and
Samuel Dickinson