The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-11-12
HAUsER CoNyIcrED.

While the court was finishing up the
above matters, the jury in the Hauser
case was still celebrating I'm the petit
jury ROOM. At 5:55 d. m. there was a
knock on the o and when a deputy
responded he was informed that the
jury had agreed upon a verdict. The
announcement was, made to the curt
and Judge Alien ordered that the Jury
come into court The jury look their
seats in the box and Colonel John d.
Taylor, the clerk, then asked the regu-
lar questions: Gentlemen OF the jury.
have o agreed Upon a verdict?"
Mr.. J. G.. Barentine, the foreman of
the jury, answered.: w have. The
jury finds the prisoner guilty with
recommendation to the mercy of the
court"
$50 say you all" answered the clerk.
after which he entered UP the verdict.
The prisoner was sitting inside the bar
and never moved a muscle of his face.
Judge Allen announced that the
court would take a recess till S:3s p. m.
when he woul pass sentence upon the
prisoner.
TEN YEARS IN PENITENTIARY.
AT $50 p. m, the court re-convened
and there was a big crowd IN attend
ance to witness the sentence OF the con-
victed prisoner. At S:45 p. m, Judge
Allen called the court to order.
ADDRESSING MS REMARK 10 the PITS
oner. the judge said: Has the prisoner
anything to say why the judgment of
the court shall not De passed? There
was no answer. from the prisoner.
Hon John D.. Bellamy, of counsel for
the prisoner, answered for the prison
and made a motion for a new trial or
certain exceptions of the accused's coun-
sci during the trial-eXceptions to GER
tain evidence that was admitted and
exceptions to evidence rejected.
Judge Allen over-ruled the motion for
a new trial, whereupon Mr.. Bellamy
lodged an appeal to the supreme court.
Mr.. Bellamy then asked the court to
make the sentence as light as possible
for the reason that the prisoner was
convicted on circumstantial evidence.
which always surrounds a verdict with
doubt, and ecauS the defendant
proved a heretofore good character. He
made a touching appeal for the pris-
oner, asking the court to lean on the
side of mercy. He said the prisoner
was not a bad man, never did any body
any harm, had the reputation of be-
ing a good neighbor. n a never
been accused of any crime before. He
begged the court in passing sentence
to regard the recommendation Of the
jury for mercy.
Judge Allen asked the age of the
prisoner, and Mr.. Bellamy asked the
AAANA1 ~ S-~> .
HauSer replied hat he was 81 years of
age.
Judge Allen said he would like to
hear from the state before passing
sentence.
Marsden Bellamy, Esq, Of counsel
for the state, said the states counsel
would leave the matter entirely to the
discretion of the court which knew all
the circumstances and heard the evil
dence. He said the statute under which
the Indictment was made provided a
minimum penalty Of five years and a
maximum penalty of forty years, and
the states counsel had confidence in
the discretion of the court and would
leave the term of the sentence entirely
to him.
B. G. Empie, Esq, n Of the lawyers,
who defended the prisoner, put in an
earnest plea for mercy, and hoped the
court would lean on the side of mercy
rather than on the side of justice. He
stated that Chief of the Fire Depart
ment Charles Schnibben, Alderman
George Harriss, chairman Of the COM
mittee on the fire department, ano AL
derman E. P. Bailey, who had been in
terested in the prosecution, begged for
mercy for the prisoner.
Judge Allen keen1y felt the gravity
of the situation. He was about to SEN
tence a man 81 years Did, whose wife
is an invalid in a hospital, and who
has no children or kin in this country.
He said to pass sentence was the hard
est part of his duty, n it was diff
ficult for him to determine what sem
tence to pass. He said the defendant
had been convicted of a dangerous
crime, and referred to the fact that
the use Of explosives might have en-
dangered human life. He said he would
like to pass sue a sentence as would
not take all hope away from the man.
yet he felt that society n the public
good must be considered. To pass a
long sentence meant that the prisoner
would be turned out OF the penitentiary
old and ruined. He stated hat the
statute prescribed a penalty all the way
from 5 to 40 years, and while he would
consider the recommendation to mercy
he did not feel justified in giving a
sentence of less than 10 years. He then
painfully said, Let the prisoner be i'm
priSoned in the penitentiary Tor q term
of ten years"
There was a hush IN the court house
while sentence was being passed, and
when the term of ten years was named
a whisper of pity was heard all around
the court room.
Hon John D. Bellamy appealed to the
supreme court from the judgment of
Judge Allen.
Judge Allen then said he would near
from the states attorneys as to the
amount of the appeal bond.
Solicitor Duffy said the prisoner
should be put under a good bond. He
was not prepared to say just what the
bond should be. but it should not be the
same (s500) as the prisoner had been
under for his appearance for trial.
Judge Allen suggested a justified
bond Of $4,000, to be approved by the
clerk.
The states attorneys, who had been
consulting, replied hat $1,000 was about
what they thought the bond should he.
The judge hen fixed $4,000 as the
amount of bond. ana allowed the
defendant 80 days to make up the case
on appeal n 80 days for the state to
file a counter statement.
Congressman BellaIny said he ex-
pected to lave the case made up on
appeal by December 1st, as he had to
leave at that date for Washington to
be present at the opening of congress.
"a s--~-,.~ - e4D,4