Sunday morning globe., 1901-10-06

OF Instantly was killed. faruoneu hlJeI elslt
vsars i'm nprisonment, he proposes IN the
SSei,,1,ns of lie Globe to tell "a plain, n,unvar-
nished tale" OF life ia modern penltenuary
-EDITOR1
The verdict was returned Monday
August 3. 1901, and 1 was remanded
far sentence on the following Satur-
dav August Sth. Meanwhile, efforts
we're directed by my friends to induce
Judge Pugh to permit me to remain In
the county Jail pending my appeal TO
the Circuit or Supreme Court, as 1t
was A foregone conclusion that he
vyould oVerruIe the motion to set aside
tle verdict. To all such appeals he
cvnically nut the query How do you
know that there will be any necessity
FER an appeai or that l will, mot set
aeiSe the verdict? Mr. John Joyce, the
1silIionsire. whose daughter was di-
,-orced nv the Judges suspected de-
cision. appealed to him, and sent me
S,ord that Pugh had promised him to
nermit me remain i'm Jail pending the
appeal, provided he could not nhd SUI
ficient grounds to set aside the VerdlcC
Saturday arrived in due time, ana
the courthouse was again packed 10
hear the sentence pronounced. Pugh
assembled the bench and read Jele'
gram from Hon. W. s. Cappellar, ed
itor of the Mansfield (O.) News re-
uuesting that / be permitted TO remain
in tbe iall and not transferred to the
penitentiary pending my appeal to the
Supreme Court. Pugh read this tele-
gram In dramatic style and commented
on it severely. It created a sensauohl
which the Columbus newspapers were
not slow to make the most OF, com
mending the Judge as usual Tor MS
fearless administration of law When
AZ "a understood that Mr.. Cappellaf
was State chairman of the Republican
marty and a friend and patron Of Pugh
some idea may be formed Of the char
acter OF the man. The dispatch was
CONFIDENTIAL. and was simply the pri
-vate message of one friend to another
but Pugb saw chance to make poin'
at the expense Of his friend, and az
he never neglected such opportunities
Mr. Cappellar found himself the tar
,yet for unmeasured abuse by the co
Iuubus press. He stood bravely up
however. and hit back, and plainly IN
formed those sheets that / did no
have a fair and impartial trial, such az
fbe Constitution provided, and It was
nrincipally due to the violent and dis
graceful course of the Columbus news
papers. NJ. -,
through the perfunctory provision IL
such cases. of asking the prisoner al
the bar what he had to say why sen
tence should not be pronounced? Fol
tba intervening days from my convlc
tion TO the day of sentence my counse
begged and pleaded with me to say
but as few words as possible to the
question OF the court. They argued
fbat I'm an appeal Of my case any IN
femperate language ] might use Wher
sentence was pronounced would opeI
ate against me in the upper courts VI
course. I knew who it was that was Sc
anxious / should say nothing, OF a.
hest nut a few words. Pugh DREADED
INV impulsive disposition, and that MI
betraval of me would form the subJec
of INV remarks However, | promised
10 saw but as little as possible, and re
assured nv counsel that nothing per
sonal would be uttered. Therefore, II
replv to his question, | said in sun
stance IT.
"Tf it please the court, am caile'
upon In the customary manner to shoV
cause why sentence should not be pro
nounced. AS there is but one sentenc
YOU can pass for the grade Of crim
of which I stand convicted, and ~
YOUR duty is not only perfunctory bu
mandatory in the matter, the few re
marks [ desire to make are not OF
fered in mitigation Of the crime o.
with any hopes Of lessening the pen
atty provided by law. You empanelle'
n iurv to try me for my life or libert!
which. [ believe, and my counsel In
forms me was not such one as tn
Constitution and laws OF this common
wealth provides should sit in judgmen
in INV case. You accepted FIVE jurors
who testified under oath that they be
1ieved me guilty but would assume per
functorilv nv innocence, a duality o
mind which is as absurd as IL Is i'm
Dossible. and manifestly and grossl
nreiudicial to an accused person, es
pecially in the grave crime, the high
est known to the law, for which / wa
arraigned at this bar. The testimon,
upon which | have been condemneu
was il anything, a prepOnderance o
periury. whether conscious or uncon
scious on the part OF the witnesses, 70
the State do not wish to b
understood as positively assertinl
that the States witnesses commit
ted deliberate perjury, and, IN
deed. I believe that the majorit
of them testified honestly as the
recalled the facts or saw the incident
they related. But know II the cour
please that l was justified by tn
moral law. n not by the legal statute
Of this State in doing what I did ol
February 23d, and, under like condI
tions, would, though the gibbet stoo
at my elbow, do the same thing to-day
tomorrow. and throughout eternity
No man dare insult my family an
those whom God ordained me to pre-
tect while l have life or liberty to n
sent IT, You, sir. have known me pei
senally: the States counsel knew m
equally we'll; I have lived In the ligh
Of the broadest publicity in this cit
Ter the past ~ years, and l here cha
lenge the bench, the bar, and the pull
lie to produce an iota OF evidenc
against my integrity and character, tn
purity Of my life or the unimpeachabl