Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-11-18
FOUR MEN sENTeNcEp.

FOUR MEN sENTENcED.
Judge eonnifield ovsrrulsd the Motion
for . New Trial.
At lis this morning Judge s. J.
Bonnifield overruled the motion Of the
counsel Of Roberts, Sevner, German
and Williams, for q new trial, and
passed the sentence Of death upon
them. Each of the defendants declar-
ed his innocense, and three of then,
Williams. Sevner and German begged
for a new trial. Counsel F. x. Murphy
then filed notice Of exception to the
ruling Of the court on the motion.
When Mr.. Murphy arose this morn
ing to continue the argument begun
last Saturday, District Attorney War
rem asked the court for q ruling as to
the length of time the defense was 10
be allowed in making the argument
The court ruled that counsel should
have until 1920, and the counsel took
exception to the ruling, stating that
he had five more authorities to cite,
and the time allowed was insufficient
in which to call the attention Of the
court to the particular points to
which he wished to refer. Mr.. Murphy
then proceeded with the argument,
consuming nearly al the time allowed.
When he concluded, Mr. Warren aro:;e
and stated that he had no new authcr
tiles to offer and nothing except that
which had been offered by counsel. all
of which he believed was strictly
against the defense.
The court stated that he believed
it would be his duty, If in his opinion,
the slightest doubt as the Justice Of
the claim for a new trial for the de-
PENDANTS existed on the grounds
claimed, to set the objections AMI
grant the same, but he questioned
whether this part Of the matter was
a part of the grounds for new trial
specified in the statute. He reviewed
q number Of cases in point, discussing
them at length with the counsel for
the defense, and then stated that the
motion for q new trial would be de-
MED. Mr.. Murphy at once interposed
his objection, and gave notice Of ex.
ception. to the ruling. The court then
proceeded with the painful duty 81
passing sentence upon the condemned
men.
Roberts was first called upon Il
arise. He Immediately responded, and
stood listening to the reading of the
statement Of the facts of the case
in review; he did not show any fea1
or concern, and when asked If he
had any legal cause why the sentence
Of death should not be pronounced
upon him in a clear and calm tone r.
piled:
well, am not guilty Of this crime
I was not on this train at all, and 4,
not know anything about it."
Judge Bonnifield then pronounce,
the sentence, which was in effect tina
the prisoner be remanded to the Gus
tody of the sheriff, and by him take.
to Carson and delivered to the War'lel
Of the State Prison, who should inflic
upon him the penalty provided for b
law at date to be designated in th
warrant, land that you be hanged b
the neck until you are dead; and ma
God have mercy on your SOUL"
Roberts took his seat and the sam
form was gone through with In tn
cases Of Williams, SEWER and Gonna
in turn. When asked what he had I
say as to why the death penalty shout
not be pronounced upon him, William
replied:
your Honor, the only thing l hav
to say is that l have been unjustl
prosecuted in this case, and that I a
innocent" He thanked the court Il
the fairness and consideration show
throughout the trial.
S0Vu0I AeeO q 8ASOA 0SAA ~ @ssSS
was mostly against the prosecute
attorney and the editor Of the Silv'
State. He told the court he thong!
there were q number Of reasons wi
Judgment should not be passed In
case. He had no doubt that every OF
Of the audience at the various session
Of the trial were impressed by the d
trict Attorneys actions. He roast'
Mr.. Warren for awhile. then turn'
his attention to the Silver State. VIII
Roach wrote the death-bed scene,
said. the article was written and prir
ed in the Silver State and sent broa
east throughout the county. The ar
Gle a. read and the publication OF
had injured him to such an extent tn
he had therein Sufficient grounds I
. new trial. Then, when newspap
a. III. ~1a hosno wiro6 the Silver Sta