Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-07-12
Coming to

gave the officers his name of Will How
ard. In his haste he left the door Of
the shanty ope He had had several
hours to cool after the slight disagree
ment between him and Sauder. He
asked the arresting officer where the
shooting was done. and being informed
that 1t was ON Laurel Creek, Madison
said nothing for a little while, and when
the officer asked him why he shot the
man, Madison replied: Because he
cursed me- Madison said to another
party that he shC- Sauder because he
had cursed him"
We have quoted from the official r.
port OF the case not to show Madison's
guilt, for it is admitted in his petition.
We simply recite this portion of the
evidence TO show the ealmness and de-
termination of the man at the time of
the homicide. The insult from Sauder,
if insult it could be called, was indeed
slight and trifing. Madison's note to
Jordan shows that he knew HIS fear and
his guilty conscience would drive him to
flight after he had done the desperate
deed and cruel act which he had deter
mined to do. When the first murder
was committed by the tiller of the
ground upon the keeper of sheep, he
felt that the curse upon him was greater
than he could bear, and he feared that
any one that might find him out would
Stay him, doubtless feeling that he de-
served TO be slain.
Our statute makes any willful, DELHI
crate and premeditated killing murder
in the first degree; and provides that
murder in the first degree shall be pun
ished with death, unless the jury in its
discretion find that the condemned be
punished by confinement in the peni-
Tertiary. 1t will be observed that the
mode and measure of unishment in
such case is committed solely TO the
jury, and is purely a matter within its
discretion.
After a fair and impartial trial, in
the exercise of that discretion, the jury
saw no reason to impose the less severe
of the two p~unialhments which the law
required it to infict. The Judge of the
Criminal Court approved the verdict,
the judge of the Circuit Court saw no
error in the judgment, and finally the
Supreme Court of Appeals has affirmed
the judgment. There can be no ques-
tfon about Madison's guilt. The only
question is, taking all that is said in
his behalf to be true, upon what ground
could this Board predicate a favorable
recommendation to the executive? We
have carefully read and considered the
case, and it is manifest TO us that the
murder was a most cruel and heartless
one.
1t was, as said by the court, commit
ted while Sauder was asleep and help
less, about one O'Clock at night, after
deliberate preparation and after ample
cooling time, if indeed any cooling time
could be regarded as necessary after
the ~unimportant difference between
Madison and Sauder. 1t seems ito us
that ii Immediately after the slight
quarrel between these two friends,
Madison had taken a revolver from his
pocket and slain Sauder, it would plain
ly have been murder in the first degree.
But the case against Madison is much
stronger. He had time to cool, reflect
and deliberate, and indeed did so, as
shown by his letter to Jordan and other
facts and circumstances of the case.
The State has faithfully md patiently
heard Madison for his cause, as shown
by the recital of the history of his case.
His appeal has been presented TO every
forum in the State where 1t was cog
nizable, and every opportunity has been
afforded him in his struggle for his life.
His claims INC contentious have been
cautiously n conscientiously examined
and so far as the action of the court
and jury is concerned, Madison's life is
to be taken under u statute and under
the divine law, Whose sneddeth mans
blood, by man shall his blood be she'd
We are sure we have given such at
tention to this case az its importance to