The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-30


GEORGE *. VAN HORN.
down discharging the rule for the new
trial. he was asked If he had anything
TO say why the sentence of death
should not be imposed upon him. He
lowered his head for while. as If in
thought and then said in low tone
II guess there is nothing to be said"
Mr.. Wedeman, attorney for Van Horn,
stood by but did not have anything to
offer.
While Judge Archibald imposed the
awful death sentence there was deep
and dread silence in the court room.
THE sentence of the court" the judge
in slow and measured tones repeated,
"is that you, George X. Van Horn, be
taken hence to the Lackawanna county
prison, there to remain until the time
shall be fixed by executive warrant for
your execution; that you be taken to
the place of execution within the walls
or yard of said prison and there to be
hanged by the neck until you be dead,
and may God have mercy upon your
soul"
NOT AFFECTED.
the hearing of his doom, and when the
ordeal was over with he walked un-
aided and with apparent calmness to
the prisoners pen to await the "Black
Maria"
Van Horns attorneys stated that
they would at once appeal to the
Supreme court for a new trial, urging
the same reasons as presented in the
focal courts.
The opinion accompanying Judge
Archbald's decision, discharging the
rule for a new trial. covers twenty
typewriter pages Nearly one-fourth
of this space is given up to the dis
cussion of the conflict between his
notes and those of Stenographer w. d.
Coston. Mr.. Coston's notes made the
judge say every unlawful killing is
presumed to be murder of the first de-
gree" a flagrant misstatement' of law.
Judge Archibald holds that what he
said was "All killing is presumed to
be murder, though not of the first de-
gree" Mr.. Coston stOutly maintains
even yet that he did not make the mis-
take accredited to him and gives as his
reason for being SO certain about it
that he stopped at that particular point
to write the proposition of over the
word sign murder first degree" so
that he would have it exact, the judge
sometimes saying 'in the first degree"
and at other times "of the first degree"
This is what the judge has to say of
the matter in his opinion:
1t is urged as further reason that the
court instructed the jury that Every
unlawful killing is presumed to be nur-
der of the first degree" This statement
| is made on the strength of the transcript
| taken from his notes by the stenographer,
| but his notes are in error; for some rel-
son he failed to catch two qualifying
words which make all the difference be-
| tween a correct and incorrect declaration
Of the law, What was said was that
EVERY unlawful killing is presumed to be
| murder thoI gh not of the tirst degree.
This is a matter of memory which is very
| clear and distinct with me, and on the
| strength of it the stenographers version
| of the charge must in this, as in other
| particulars, give way to proper correc-
| tion. The charge was delivered from very
| full notes prepared with care beforehand
| but at this point was slightly varied from
| Leading up to an explanation of the dis
| tinction between the different kinds al
homicide the statement iii question was
made that Every unlawful killing is pre-
sumed to be murder"
|
| CHANGE MADE ADVlSEDLY.
Fearing. however, that this might be
misleading as 1t stood and for the very
purpose OF qualifying 1t the words were
| aooeu lhousH hot OF the nrst DEGREE
MaS eoitsSIouS ~ d. tne ''nlo tnat inns sIs ols
as IL bod hcen o,,t,inoS hI,, a. vos Ia aG,,is
| adI,, doro a, The irterest -, ,r,ota, ca,,
tainty. It took the place of the usuo
formula, that the presumption rose NJ
higher than murder of the second degree
Nor is 1t possible that the negative anC
qualifying words which the Stenographe