The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-04-26
Famous Death Sentence.

Eermillion Harris last week receiver
legal curiosity from an old Wichita boy
William Mexican, who now lives at Taos
New Mexico. Mr.. Mexican is an attorney
and got the following famous sentence
from the court records.
1t is a sentence Of death. pronounced
by Judge Kirby Benedict, upon Jose
Maria Martin. who was tried IN the cls-
trict court Of Taos county. New Mexico
1t the March term, 1863, ana convicted
of murder. under a state Of facts showing
great brutality and with absolutely no
mitigating circumstances. and over the
sum OF 30 cents.
judge Benedict was appointed from IL
fIinois in 1855 and died in Santa Re, n
NJ. in 1875 He was chief justice Of the
territorial supreme court and judge OF
the first judicial district
Martin was hung. in public. at the ap-
pionted time. in the town OF Taos Taos
was the home Of Governor Bent. the first
governor of the territory. McKean's Office
is in the building where he was assassin
ated in the Pueblo uprising Of 1913.
Judge Benedict said:
.-Jost Maria Martin stand UP. Jose
Maria Martin. you have been indicted.
tried and convicted by A jury OF your
countryrnen. OF the crime and murder and
the court is now about TO pass upon you
the dread sentence OF the law. As usual
thing. Jose Maria Martin. It is painful
duty for the judge Of a 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 perform
ance Of such a duty Happily. however.
your case IS relieved of all such unplea-
SAINT features and the court takes posi-
five delight in sentencing you to death.
You are a young man. Jose Maria Mar
TIN. apparently of good physical consti-
tuition and robust health Ordinarily you
might have looked forward to many years
Of life. and the court has no doubt that
Won have and have expected TO die at
green old age. But you are about to be
cut off in consequence of your own act
..Jose Maria Martin. it is now the
sprfng-tine In a little while the grass
VIII be springing up green in these oeau-
fif,I valleys. and on these broad nesas
and mountain sides. Flowers will ne
blooming. birds Will he singing their
sweet carols. and Nature win be putting
on her most gorgeous and attractive
re,bes and life will be pleasant and men
will want TO stay. But none Of this Tor
Won. Jose Maria Martin. The flowers VIII
not bloom for you. Jose Maria Martin-
The birds will not carol you, Jose Maria
Martin When these things come TO glad
den the senses OF men. you will he occu-
plying space of about six by two be-
meath the sod. and the green grass ana
those beautiful flowers viii be growing
above your lowly head.
.sThe sentence Of the court is that you
be taken from this place to the county
fall; that you be there kept safely and
securely confined. in the custody of the
sheriff. until the day appointed for Your
execution; CBe very careful. Mr.. Sheriff
that he have no opportunity to escape
and that you have him at the appointed
place at the appointed time). that you
be 50 kept. Jose Maria Martin. until. CMr
Clerk. on what day Of the month does
Friday about two weeks from this time.
Gomez March 22nd. Your Honor Very
well until Friday the 22nd 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. CThat IS, in your discretion. MT
Sheriff you are only confined to the
limits of the county,, and that you there
ne hanged by the neck until you are dead,
dead. dead: and the court was about 10
add Jose Maria Martin. may God have
mercy on your soul. but the court VIII
not assume the responsibility of asking
an au-wise Providence TO DO that which
a Jury OF your peers has refused To do
the Lord could not have mercy on your
soul
However. II you affect any religious
belief or are connected with any religious
IT might he well enough Tor
vo,, 20 send for YOUR priest or your
and get from him-well such
as you can; but the court
advises YOU not 70 place any reliance
u,.on ANYTHING Of the kind. Mr. Sheriff
the prisoner"