The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-12-14
TAYLOR KIRK IO HING
At Ell Reno, February 9, for
the Murder of His Sister,
IN PASSING SENTENCE
Judge McAteeArgueS the Cues
ton Of Capital Punishment.
IN PASSING SENTENCE

FL Reno. o. T, Dec. 13.-Taylor Kirk,
convicted fthe murder of his sister, was
today sentenced to be hanged at Y
o'clock, noon, February g. The sentence
was passed at 100 today by Judge ]. L.
McAtee who is sitting in this district
this week to try special cases. Under
the statutes Of the territory a criminal
upon whom has been passed the death
sentence must be executed in the county
in which he is convicted Accordingly,
the unpleasant duty will fall upon Sheriff
A A. Cosby TO perform the second legal
execution in the ten years existence Of
Oklahoma
The court room was crowded this af-
ternoon with anxious, curious. but few
really interested spectators, who gather
ed during the dinner hour to be on hand
when the death sentence should be pro-
nounced, notice of which had been previ-
ously given by the court. At 1:3O Sheriff
Cosby brought Kirk into the court room
The prisoner was handcuffed, and while
looking somewhat pale from confine-
ment, showed no trace Of nervousness,
or Of excitement His attorney, R. B.
Forrest, went through the formality of
moving for new trial, which motion
Judge MaAtee overruled.
The prisoner viii remove his hat"
said the judge. A deputy took off Kinks
hat, which the latter's manacIed hands
had prevented his doing for himself
Have you any reason to offer why
sentence should not be passed upon you
for the murder of your sister," asked
the court.
We'll" answered Kirk. ST did not ex-
pect my case to come up so soon and I
didn't have time to get my witnesses
here
You have had plenty of time and have
had a fair trial" replied Judge McAtee.
and as he proceeded to pronounce the
sentence of death a solemn hush fell
over the crowd and in the gray light Of
the wintry afternoon the eyes Of the
man who murdered his own sister, seem
ed riveted upon the face Of the Judge,
who, in a calm. quiet tone of voice, con-
cluded by saying; 1.-The sheriff Of
Canadian county is hereby ordered to
keep YOU within the walls Of the county
Jail until p o'clock. noon. of February 9.
when you shall be hanged by the neck
until you are dead"
There was not a change in the express
sion Of the murderer's face. He was
still as uneXcited and cool as when the
Judge began speaking but as the judge
ceased, and silence again fell over the
room, Taylor Kirk drew a heavy breath,
Strengthened up and remarked aloud
well, that's a great way of numbering
people you have in this court"
The sentence. as delivered, was YER
hatin. as follows:
Taylor Kirk, you have been indicted
and tried by a jury Of your feIlow-coun-
trymen upon the charge of murder You
have ben found guilty of the charge,
and under the law the jury have fixed
your punishment at death. 1t now be-
comes my duty to pass sentence of the
court upon you, and in the first please
TO ask if you have any reason or cause
10 state why the sentence of the court
should not be passed upon you"
By the Defendant-'Well, I was not
prepared; could not possibly get my wit
nesses; was forced into trial-forced into
rial without witnesses. I do not think
It justice to do man up that way"
BY the oCurt-"This offense was com
United on the 4th day of July, 1899. now
nearly six months ago. You have had
under your direction and at your service
very able counsel You have since that
time. at all times, had at your disposal,
If the counsel had asked it. all the power
Of the territory. to search for and to pro
cure, and to force, if necessary, the at
tendance of witnesses. You have had
ample time. Your witnesses were those
who. according to your own confession
on the stand would have been your
strongest witnesses-were your own
brother and sister-in-law, with whom
you were living and making your home.
The case does not show that they would
have testified in your behalf They were
the witnesses procured by the territory.
whose names were endorsed on the IN
dictment. and were before the grand Jury
on the behalf Of the territory. when the
territory came TO consider the Dronriety
Of making and preferring this charge
against YOU. The territory. when the