Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-11-09
STILL ON THE DOCKET.
Case Of John Rooney, the Convicted
Murderer, Still Before Supreme
D. Court Of United States. .+.t- y

So"S " oSuH nOOuSyy sIHC NOHvtCISQs
Murderer, Still Before Supreme
Court Of United States. &y
Fargo Forum: That a poor man
charged with serious crime may enjoy
all the benefits of the courts of the
land, is exemplifed in the case of the
state of North Dakota versus John
Rooney, which is on the October
calendar of the United States supreme
court. The case has been reviewed
by all of the courts in this state and is
now to be passed on by the highest
court in the land.
Rooney has twice been sentenced to
be hanged by the neck until dead and
each time the execution has been post
poned through the efforts of the con-
demned mans attorneys. He is now
confined in the state penitentiary at
Bismarck, waiting the decision of the
U. S. supreme court.
In 1902 Rooney was employed on a
farm in the southern part of the state.
He became tired of his employment
and started for this city. On his way
here he met two men, whom he claims
that he had never seen before. The
three men concluded to travel to-
gether. On August Goth, they held up
Harold Sweet and then shot and killed
him. Rooney was arrested but his
two companions escaped.
Ever since his ninth year Rooney
has been practically a wanderer or, in
the popular language, hobo. He had
been deserted by his father, who was
a New York saloonkeeper, when still a
very small boy and had been forced to
make his own way in the world. He
had worked for a farmer in Iowa for
time but had soon tired of that and
joining the army of tourists" had
wandered over the face of the earth.
When arrested in this city he was
penniless. The court appointed the
law firm Of Newman, Spalding & SIAM
baugh to defend him,
The trial was not a lengthy one and
the accused was convicted Of murder
in the first degree. He was sentenced
torbe hung March 20. 1908.
When the court appoints attorneys
to defend a pauper, fee Of $25 is al
lowed by the county. In spite of the
fact that there was not any monetary
consideration in sight as a reward for
their efforts, the attorneys for the con.
demned man did not give up their
fight for their client when the sentence
of the lower court was pronounced
1t was discovered that mistake had
been made in fixing the date on which
the execution should take place, in
that statute under which the sentence
was passed, providing that the execu
ton should not take place until six
months from the date of judgment and
sentence. -.
On account of this error, the judg
ment and, sentence of March 20 was
set aside and vacated and Rooney was
sentenced by the court to be returned
to the penitentiary at Bismarck and
kept in close confinement until October
9, 1908, and on that day. hanged by the
| neck until dead.
| An appeal from this judgment was
taken by the condemned mans at
torneys to the state supreme court. On
June "a, 1908, the supreme court hand
ed down a decision affirming the judg
ment Of the lower court and again
Rooney's prospects of living became
very dim.
! The case was then taken to the
United States supreme court, where
it is now.
Judge Stambaugh has personally had
the case in charge and it was through
his efforts mainly that Rooney has On.
joyed the privileges which, according
to the popular belief, are exclusively
for the rich and influential.
Haynes Palace Studio Car will be in
| Bismarck November IL, 10, IA and IS