The Farmington times and herald. (Farmington, St. Francois Co., Mo.) 1902-1905, 1904-11-18
McCARVER SENTENCED.
January S, 1905, Named ss the Day o
Execution - Appeal to Supreme
Court Granted and Stay Of
Execution Ordered.

| Last fTiuay morning JuuRe Ohuue
Davis of the Fifteenth judicial Circuit,
the trial judge in the 0. =. McCaryei
murder case, was here pursuant to pre-
vious arrangement to hear motion ant
argument Of defense for new trial
The defendant was present with hi;
attorneys during the filing of the mo-
ton and the argument, after which
court adjourned until Saturday morn
ing, when Judge Davis overruled the
motion for new trial. A motion in
| arrest of judgment was then made by
the defense, which was also overrulcd,
and sentence was passed
Judge Davis in passing sentence up
on the defendant said
"Mr. McCarver, stand up. =.
MIR. McCarver, have you anything to
say why the judgment of this Court,
in accordance with the verdict render
ed, should not be pronounced upon
you?"
al have nothing to say" said MIR.
McCuryer.
Judge Dnyis then said: alt is un-
necessary for me TO tell you what the
verdict means II means that you
must pay the death penalty. No doubt
your able counsel viii! appeal the case
to the Supreme Court of Missouri, and
that Court Ms constituted is both SUI
perOr in number and wisdom to this
Court, and they will not permit the
Judgment OF this Court to be executed
unless upon tho whole record it should
he executed. But conrts are fallible,
aud ! would advise you not To rely too
much upon human wisdom, but rather
look 10 Higher Power.
alt has been an old custom OF courts,
in passing judgment upon a defendant
for AN cffense Of this character, to give
the defendant II long moral lecture. !
never did believe in that and will not
indulge in ii now.
"Mr. McCarvcr, the judgment of
this Court is, that on the 9th of Janu-
airy, 1905, you will be taken by the
Sheriff of ST. Francois county, and at
the Jail in ST. Francois county, and be-
tween the hours Of eight O'Clock II. M.
and six O'Clock ?. m, the death pen
atty inflicted upon you 10y hanging "
There was the utmost silence in the
court room while the Judge with evil
dent emotion and feeling was pro
nouncing the solemn sentence. Many
eyes were on the defendant, who stood
facing the Judge, apparently as I'M
moved rs any one of the spectators
There was no pcrccp,iblc change in
his counlcnancc from the time the
Judge asked him to stand up and he
had announced, ~ have nothing to
say" His wife, brother and little
grand daughter were in the court room
at the time and passed through the
trying ordeal, sustained in n measure
perhaps by the hope that the highest
court would in some way intervene to
save one whom they loved from the
dread sentence which they had heard
so solcmnly pronounced. There was
much sympathy for them throughout
the solemn scene,
The defendant then, by his attor
ncys, filed an affidavit for an appeal to
the Supreme Court, which was grant
cd. Tho defense was given until Feb
ruary 10th. 1908, to file bill Of ex-
ccplion, aud stay Of execution was
ordered until the cause can be heard
and passed upon by the Supreme Court
The defendant was again rcmandcd
to the custody Of the Sheriff and taken
to the 81 Francois county Jail, where
he will remain, unless otherwise or
dcrcd, until final disposition of thu
cause is made.