The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1900-01-26
A FEARFUL SENTENCE.
A Remarkable Condemnation Made by
Judge but Not Executed.

A Remarkable Condemnation Made by
a Judge but Not Executed.
Judge Benedict. who was Associate
Justice of the Supreme Court of New
Mexico for thirteen years, from 1853.
was an original character in many
ways. One Jose Maria Martin had
been convicted in his court of murder
under a state of facts showing great
brutality and with no mitigating cir
cumstances, whereupon Judge Bene-
dict sentenced him to death in the fol-
lowing language:
Jose Maria Martin, stand up. Jose
Maria Martin, you have been indicted,
tried and convicted by a jury of your
countrymen of the crime of murder,
and the court is now about to pass upon
you the dread sentence of the law. AS
a usual thing, Jose Maria Martin, 1t Is
a painful duty for the judge of court
of Justice to pronounce upon a human
being the sentence of death. There
is something horrible about It, and the
mind Of the court naturally revolts
from the performance of such a duty.
Happily. however, your case IS relieved
Of all such unpleasant features, and
the court takes positive delight in SEN
fencing you to death.
"You are a young man, Jose Maria
Martin. apparently Of good physical
constitution and robust health. Ordi-
narily you might have looked forward
to many years of life, and the court
HIS no doubt you have, and have ex-
pected to die at a green old age; but
you are about to be cut off in conse-
quence of your own act. Jose Maria
Martin. it is now the springtime; in 4
little while the grass will be spring
ing up green in those beautiful valleys,
and upon those broad mesas and noun
tain sides flowers will be blooming;
birds will be singing their sweet carols,
and Nature will be putting on her most
gorgeous and most attractive robes,
and life will be pleasant. and men will
want to stay. but none of this for you,
Jose Maria Martin; the flowers will
not bloom for you, Jose Maria Martin;
the birds will not carol for you, Jose
Maria Martin. When these things
come to gladden. the senses of men you
will be occupying a space about six by
two beneath the sod, and the green
! grass and those beautiful flowers will
be growing above your lowly head.
"The sentence of the court is that you
be taken from this place to the county
Jail; that you be there kept safely and
securely confined in the custody of the
sheriff until the day appointed for your
execution. Be very careful. Mr.. Sher-
| if, that he have no opportunity to es-
cape and that you have him at the APP
| pointed place and at the appointed
time. That you be so kept. Jose Maria
| Martin, until-Mr. Clerk, on what day
of the month does Friday, about two
/ weeks from this time come? cMarch
%, your honor')-very well, until Fri
day, the 22d day of March, when you
will be taken by the sheriff from your
| place of confinement to some safe and
convenient spot within the county; this
is within your discretion. Mr.. Sheriff
you are only confined to the limits OF
the county; and that you be there
hanged by the neck until you are dead,
and-the court was about to add. Jose
Maria Martin, May God have mercy
on your soul, but the court will not as
sumo the responsibility of asking an
All-Wise Providence to do that which
jury of your peers has refused to do.
The Lord couldn't have mercy on your
soul. However il you belong to any
/ RELIGIOUS organization, il might be well
enough for you to send for your priest,
or your minister. and get from him
well-such consolation as you can. but
the court advises you TO place no reli-
ance upon anything of that kind. Mr.
Sheriff, remove the prisoner"
1t is a pleasant sequel to this dread
full sentence that Jose Maria Martin
escaped from Jail and died peacefully
several years ago by falling out of q
wagon and breaking his neck.-Amerl
can Bar.