Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-27
0n5tha Seventeenth Day Of NovaHl-
bsr Next. q.
SAME DAY WITH TATE !: re
Judge A. 3. waits ss.vcrrules the MO.
zion made BY Coun.e, For New
Trial and the sentence OF Denth :
rronounced Cotton Coo, and Nell
Possessed --TnIk 10 the COURT.

connSel Tor waiter Cotton, allaS John
Smith, Messrs. w. H. Parker and u. c.
Phillips. argued q motion for a new
trial on the ground that the verdict
rendered by the jury last Thursday
night. OF guilty Of murder In the first
degree was contrary to the law and
= evidence in the case.
Mr.. Parker argued, Mr.. Phillips be-
Ing present, he setting out his reasons
IN detail why he thought q new trial
should be granted. He discussed the
point of view the defective, features of
st. concluding by calling. the attention
OF the court to the exceptions noted
during the trial !. e., the refusal Of
the court to grant instruction No. 4
asked for. that of q juror leaving the
Z courtroom after being examined on his
's'yolr. dire" and before the jury was Inn
panelled. and the ruling of the court
in everything the motion or the defense
to quash the Indictment on the alleged
ground of duplicity, and the subsequent
decision Of tho court In sustaining the
Indictment against Cotton, though the
same was demnrred to. These and
other. technical grounds were urged ms
sufficient rea-ons for q new trial, the
gentleman likening the sentiment In the
Dreyfus case unto, this, saying that
public sentiment had brought about the
pardon, OF Dreyfus, and he had no
doubt that sentiment had something to
do with the action of the jury in the
case Of Walter Cotton.
4 sTHDl MOTION OVERRULED.
Counsel for defense embodied in their
several motions one for an arrest Of
judgment, ell of which Colonel X. r.
Griffin. attorney for the Commonwealth,
took I'D ser!ntim and answered fully.
This gentleman also reviewed the evil
dence In the case, and argued along
that line In "a strong and convincing
manner. The principal points urged by
q Cotton's counsel were met with good
reasoning. and the natural conse-
nn nNt NJ 1,-tr ,fy,,l ,t,1,,
had been caught In the meshes OF the
law were argued with a strength of
mind. force of speech and impressive
ness OF delivery which Were interesting
At the conclusion Of Colonel Grifnn's
argument Mr.. Charles II. Bland, who
assisted In the prosecution, addressing
the court sold that he thought the
representative OF the Commonwealth
had sufficiently covered nil the phases
OF the matter and would therefore, not
take up the time OF the court in dis
cussing further what had been so ably
Presented to the court for it's consider
alton.
Mr.. Phillips said he had been de-
tanned In another court. and not hear
ing, what the Commemorative Attorney
had said. preferred that Mr.. Parker
close. which he did.
WHAT THE COURT SAID.
Judge Watts, in overrullng the motion
for a new trial. said ut the beginning
that he saw no reason why the motion
for an arrest of judgment should pre-
vail. and then Dhssing to the other
grounds upon which the motion for a
new trial was made, commented upon
the facts that the defense had been
given all Of the freedom possible under
the law In the management OF the case;
that the trial had consumed three days.
during which time everything that WAS
possible to be done was done in behalf
OF Cotton; that he had been given
ample time to summon witnesses. II
any. he had to testify in the case.
The jury, said Judge Watts, were the
sole Judges of the evidence In the case
md the court had expoundcd the law
to them, and the jury, after having
both the law and evidence before them
had concluded that Walter Cotton, alias
John Smith. was the man guilty Of the
crime with which he stood charged,
and. therefore, he did not believe there
was any reason why he should set aside
the verdict rendered and grant the ac-
cused a new trial, and, therefore. all OF
the motions made by counsel for the
defense were Overruled.
HOW COTTON RECEIVED TT.
Walter Cotton, the doomed man, was
then brought down from the prisoners
dock and placed Immediately In front
OF Judge Watts to receive the sentence
Of death. Clerk Thompson asked Cot
ton II he had anything to say why
judgment should not be pronounced
hbafflBL Rlru.
"Yes sir, I have" said the unfortu-
nate man. "I think you all should
make Weaver tell where he got that
watch. 7. Of course, can't help what
you do TO me. but you ought to make
Weaver tell you all about that watch.
] never had 1t only when Weaver gave
IT to me to pawn. He knows all about
1t from first to last, and 1 gave 1t back
70 him because wouldn't pawn 1t. That
IS all know about the watch.
when had the watch did not even
Rnow OF the murder; hadn't even heard
of It, and never heard of 1t until after
] was arrested.
About the jewelry. I.never saw It,
and didn't give Il to anybody. don't
know anything about It at ALL But
think you ought to make Weaver tell
about that watch"
Cotton has a wonderful control over
himself, for, standing there awaiting
the sentence OF death, not a muscle
in his voice But on tine contrary, with
shifting eyes and firm stand, with not
the least trace OF nervousness, he
seemed no more disturbed than If II was
n stranger who occupied his place.
Others In the court room were more
affected than he, and they plainly gave
evidence Of that fact. G
THE SENTENCE OF DEATH.
Judge Watts here proceeded to pass
head slightly bent as If listening In
I! tently, heard the awful words: Hung
Z by your. neck until you are dead," the |
4 only sign given by the condemned man
4 that, he understood the import Of that |
dread sentence being q nod OF the head |
= as * aequi escing in what Judge Watts |
L had 80. feelinglyi said as follows: