The Butte inter mountain., 1903-12-21

II was alleged among other things that
the lower court erred in not giving an
instruction defining moral certainty. Upon
this point the court says while il is not
erroneous TO give the definition moral GER
tanty, we cannot conclude the rights OF
the defendant have been violated OF that
he has been denied a new trial because
the court did not define the term moral
certainty rs a proper definition Of the term
reasonable doubt
County Attorney Iirccn received word
by telephone from Helena about ~ o'clock
this morning thai the supreme court had
affirmed the Judgment Of the lower court
in refusing 4 new trial 10 James Martin,
convicted Of the murder OF John X. vii
liams at Silver Bow Junction something
more than year and half ago. The
county attorney ai once communicated the
fact 10 the sheriff.
Sheriff Quinn went 10 the steel cage in
the Jail where Martin has been confined
after being rccapiutcd. lie told Martin
that he would have to 20 10 the death
cell, as the supreme court had refused 10
grant him a new trial.
Martin did not seem disposed 10 say
anything. but his jaw fell and the muscles
Of his face twichcd. Martin was con
Quoted 10 the witness department, where
the death cell is located. In the narrow
passageway leading 10 the place where he
will spend the remaining days Of his life
is the bath tub.
The condemned man was made 10 strip
to the skin here and given a bath. When
he was through with this he was given an
entire new outfit, undcrclothng and all.
Nothing was overlooked by Sheriff
Quinn in his effort to see that the man
does not cheat the gallows. Even his
chewing and smoking tobacco were taken
from him.
Il want you 10 be there when | come
for YOU" said the sheriff.
Then he was placed in the death cell
which is the first as the witness depart
ment is entered.
Deputy Sheriff Kirby was placed in the
cell with him. Later the county commits
sioners made an order allowing the sheriff
three extra deputies, 10 be employed on
the death watch.
Abuses Newspapers
Martin was lying on his cot when an
Inter Mountain reporter visited him about
an hour after he had been informed OF the
action of the supreme court He was
StnDklIR. lit NolibAlilb'b IIpt
a laxative mood-at least for publication.
What he said were best expressed in
dashcs. ~ don't want to talk" he said,
without changing his position. "If it
wasn't for you fellows. ] wouldn't be
where | am now" This was accompanied
by "A string Of abuse on newspaper men in
general.
As soon as the remittitur shall have been
received from the supreme court, Martin
will be taken before Judge McClernan for
rescntcnce. 1t will be the second time he
will have heard the words OF the same
Judge that sends him to his DEATH
Under the law, the Judge is required to
give a condemned man at least 80 days
between the time of his sentence and the
time of his execution. lie is not allowed
TO give him more than 90 days. This is
the law as it applies to first sentence.
Whether it applies to second, or re-
sentence, is not known, though there is a
case of record in Central Montana in
which the then judge, Dudley DuBoise,
aoyc a condemned man less than week
when re-sentencing him to the gallows.
The Soaffold.
The scaffod on which Martin will be
hanged, unless the governor should inter-
fere, is the same on which Dan Luccy suf-
fered death several years ago. Since then
it has been borrowed for at least two
other hangings, but was not used in either
case. One of the men who was to have
been hanged on it committed suicide, and
the other was lynched after taking an ap-
peal to the supreme court.
The latter had also tried to commit
suicide, but was frustrated in the attempt.
Some who are acquainted with Martin
since his Jail life are Of the opinion he
would do the same thing. II given the