Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-05

1.
Strather then returned TO his cell. and,
throwing himself upon his cot, was deer, in
sleep in = few moments.
The two men slept soGndly and peacefully
until O clock this morning. Nh,n they
awukc they stated. i'll response To inquiries.
that they were feeliu:: well. happy and per
fectly resigned to their fate. rhey a,e a
hearty brcaEfas,. md then devoted them
selves +" drvotona! exercises, which con-
tinU"d almost wiJh"ut iaterruntion until
they We're summoned by Warden Harris to
TAX Up the II :r,h to the sea:fold.
The remains of the executed Tnurdecers
will be turned over This afternoon 20 ti.eir
relatives for internent. ARRANGEMENTS
have been made by the latter to dcfray the
expense incident 20 the funerals. An under
taker was on hand at the conclusion of the
executions TO take charge of the bodies and
prepare them for burial.
Strather's Crime and Trial.
The murder of Rosa Talbot by Strather
occurred early in the morning of the 18th
of October, 1897 A coroner's jury directed
that Strather be held to await the action of
the grand jury. The last day of that year
the grand jury reported an Indictment for
murder against him, and when arraigned
two weeks later he entered a plea of not
guilty. The first trial began the eth of
FEBRUARY 1898, and three days thereafter
the jury returned a verdict Of guilty as
indicted. Counsel for the convicted man
promptly filed a motion for a new trial
In due time this was argued. Justice
Bradley overruled the motion and SEN
fenced S-rather to be hanged Thursday
May .. 1898. between the hours of 10
o clock a. m. and l o'clock p. m. 1t is a CO.
incidence worthy of mention that the day
first Set for his execution was just one wear
ago from today. In naming Thursday as
the day for the hanging Justice Bradley de-
parted from a custom that had been recog-
nized. almost from time immemorial and
which had caused Friday to be known in
this District as "hangman's day Justice
bradley made this departure, as he explain
ed to Star reporter for the reason that
some people have grown so superstitious in
connection with the matter that they are
really afraid to start on q journey or trans
act business on a Friday.
Counsel for Strather noted an appeal to
the Court Of Appeals. their main point
being an exception to the instruction of
Justice Bradley given to the jury on the
right OF the jury to qualify its verdict The
trial OF Strather was the first after the
passage Of the law giving juries in murder
cases tried in the District of Columbia the
right to qualify verdicts Of guilty with the
words. without capital punishment" JUS
uce Bradley instructed the jury that they
had the right to qualify the verdict if in
their opinion, there was any palliating or
mitigating circumstance in the case
Action of Court of ApDeaIs
The Court of Appeals by a vote of two of
taken by Justice Bradley. Mr. Justice
Shepard. however, filed a dissenting opin-
ion. The case was then carried to the Su-
preme Court of the United States. After a
long delay the highest tribunal in the land
handed down an opinion, holding that IN
der the law juries sitting in murder trials
IN the District Of Columbia NAV ouaIifv
Verdicts of guilty with the words without
capital punishment" whether there be a
paiiiating or mitigating circumstance I'm the
case or not. In other words according 10
the Supreme Court, the iuries are absolute
~ unrestricted in the matter The SlIprema
Court directed the Court of Appeals ro re-
verse its ruling and, TO order the Supreme
Court of the District of Columbia to grant
a new trial in the case
w nile the case was before the Court of
Appeals and the Supreme Court of the
United States. it became necessary For The
resident to respite Strather from time to
lHe. Inc mai respite was until February
:, last Soon after the opinion of the Sn
prem" Court Of the United States was
handed down which was in January Iact
Sir@Jhtr was placed on trial a second time
! ne 2"th Of that month he was again de-
clared guilty as indicted. the Jury falling
TO qHaHfN the verdict Justice colo tbe
-'th ~ February. sentenced him 10 he
hanged today Counsel noted an annca1
10 the Court Of Appeals but il was never
perfected, and about TWO weeks ago was
dismissed. The 18th of April III. uarrant
OF execution was made out. strons, an
pea Tor eX, cutive clemency was made in
pehi'Ii OF SIrdther. but the President very
recently announced that in view of all the
circumstances he would not interfere in the
case. ~ INC
The Winston Case
Emma Winston was murdered the 18th
OF December. 1897. Her husband was con-
Nlcted OF he crime after a trial i'm Crimi
nal Court No. >, the Sth of March 1898 An
appeal was noted and overruIed. and he
was sentenced by Justice Bradley to be
hanged W edneSday. May - 1895. His case
lheh SSumed the same status as did that
of Strdther. Justice Bradley gave similar
instructions 10 the jury and the matter
went 10 the Court of Appeals and thence
TO the Supreme Court of the United States
The latter body. as in the case of Strather
directed that Winston be granted a new
trial He was respited from time to time
while the case was before the higher
courts. His second trial occurred early la ST
February, verdict of guilty being reported
noted but never perfected. and last month
was dismissed. The warrant of execution
was issued the 18th OF April.
At his first trial Winston empbattcally
denied his guilt. He coutended that his
wife attempted TO kill him and then ended
her own life AT the second trial how
ever. he made a clean breast of the affair,
admitting that he shot her through mo-
tiVes of Jealousy. and that, realizing what
he had done, he attempted to kill himself,
His confession did not have the effect on
the jury hoped for by his counsel, the ver-
Continued on Thirteenth PapeA