Evening journal., 1904-06-03
to BE Executed
by Sheriff Stidham at
the Workhouse on Sep
tember 2
Condemned Man Breaks
Down and Weeping,
Declared That Brinte
Should Be Hanged, Too


John Joiner. oo,orcd one Of the convict
ed murdorers Of John r. Taylor, the COLI
ored stubieman, was sentenced 10 be
hanged by sheriff Emmit F stdham on
September 2, 10 the Court Of oyer and
rerminor al 1890 O'Clock today. Sentence
was pronounced by acting chief Justice
Grubh
While listening 10 the sentence the pris-
oncr broke down and said hc did not think
it was justice to hang him ANA not Wall
ter Brlnte, who was convicted of the same
crime, but IN the second degree and was
sentenced to life imprisonment
sylvester ID. Townsend. Jr. counsel for
Joiner argued for a new trial this morn
ms but the court refused 10 grant it,
After Judge Grubb announced the de-
cision of the court as TO "a new trial. At
torney General Ward moved that the
prisoner De sentenced
Judge Grubh, in sentencing the prisoner
said.
john Joiner, you have been indicted by
the grand jury OF this county for tho
murder In the FIRST degree OF John X.
Taylor upon that Indictment You have
had fair and Impartial trial. Your coun-
sell with great zeal and fidelity presented
20 the court and jury every fact and arr
sument which In his judgement were
available Tor your defense.
The jury, nevertheless rendered a vcr-
diet Of guilty and It therefore becomes
the solemn duty Of this court to pronounce
the sentence Of the law upon you for the
commission Of The hoinous crime for wnicn
you were indicted. Have you anything 10
say why the court shan not now pro-
nounce the sentence OF the law upon YOU?
breaking down, the prisoner wept as ne
said. II don't think that justice mas been
done me- Two Of us were tried for the
same crime ana both Of us we're guilty. IA
Is not justice 70 hang one and let the other
60 free"
Continuing Judge Grubb said: "The
sentence OF the law as considered bv the
cour, is that you. John liner. alias John
Joiner, be now taken from the bar Of this
court. TO The New Castle County Work.
house. the public prison Of the county.
the pace from which you came. and be
there faithfully and securely kent in
custody until Friday the I'd day Of Sep
tember In the year Of our Lord. one
thousand. nine hundred and four, and on
that day, between the hours 9f 10 o'clock
~ the morning and o'clock in the after
noon, be taken TO some convenient place
OF private execution within the premises
OF said prison inclosure and that YOU be
then and there hanged by the neck until
you be dead; and may God have mercy
on your soul. You are now committed 10
the custody Of the Board of Trustees Of
the New Castle County worhhouse unit.
] o. IrsaIr
IL Is also considered. adjudged. ana or
uered by the court, that the duly certified
copy of the foregoing sentence of death of
John Joiner be forthwith made and de-
hvered by the Clerk Of IRE Court to En-
INIT f stiham. the cheriff OF New Castle
county, as his sufficient warrant to OBJ
serve and execute said sentence of death
according 70 THE judgment OF this Court
OF oyer and rerminer at the time ap-
pointed by the Court"
When sentence was pronounced a large
number Of the the members Of the bar
were present. They were an Interested a.
to who the court would order to hang
Joiner In case that sentence should be
pronounced. There was some SUNRISE
when u was learned that Sheriff stiaham
viii be the hangman The question NAV
now be raised as TO whether or not under
the Jaw the warden Of tho worlohouse has
the legal authority 10 whip prisoners.
Previous 70 sentence being pronounced
George A. Elliott counsel for Sheriff
Sudham asked TO be heard He said the
sheriff Was ready at all times to carry
out the decrees and Judgment Of the
court and fuihll his duty under the le~,.
He added that under the worlxhousc act.
passed March l0 1899, It had been gem
eraly understood and considered by the
bar end public that the entire control of
prisoners and the carrying out of sent
ences Of punishment had been pue In the
hands OF the Board Of Trustees OF the
workhouse. He asked that The court care-
fully consider Tho words Of the law. which
seem to make such provisions. The ques-
tion. he said, recently arose 70 the effect
that the workhouse law was deficient in
that respec' ami the old law relating to
duty Of the sheriff had evidently not been
repeated, as the law made no provision
by which the trustees Of the workhouse
could inflct these punlshments.
Judge Grubb replied that the court had
considered the matter thoroughly and had
] a..