The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-10-17
MURDERER PAYS
CRIMES PENALTY
John Rooney Is Executed at Bis
marck for Killing Harold I
Sweet.
Special to The Journal.

Rooney, convicted of the murder Of
Harold Sweet three years ago. was
hanged at the state penitentiary at
sl:O5 O'Clock this morning. His neck
was broken by the fall, and he was
pronounced dead in ten minutes.
This execution was the first held at
passed three years ago. Rooney showed
remarkable GOODNESS on the scaffold,
making a long address in which he
denied firing the fatal shot, but adj
mitted being accessory to the robbery,
which resulted in the crime.
AS he stepped on the trap, he sang
the. song, "There Is No Death. - His
and recklessness, and he manifested a
sincere regret at the career that brought
him to an untimly end. No persons
but those specified in the law were pres
emit, and the execution was conducted
quietly, solemnly and without any ele-
ment of sensationalism. The condemned
man was accompanied to the scaffold
| by a priest, and a moment before the
trap was sprung, he prayed for for
giveness. AS the cap was drawn over
his head, he muttered:
MY God, the light shut out for
ever.''
The scaffold on which he was exe-
cuted was erected in the big Irvine ware
house in the prison yard.
The killing occurred in Fargo, near
the Milwaukee roundhouse, early on the
morning of Aug. 26, 1902. The victim
was Harold Sweet. He and two broth
ers from White Earth, Mimi, were
camping near the city en- route to the
harvest fields. They were aroused by
two men who, with drawn revolvers, de-
manded the money in the possession of
| the trio.
Two younger brothers gave up all the
old Sweet resisted and grappled with
Rooney. During the scuffle the latter
called to his companion to shoot Sweet,
and the reply came back in the affirm
1 ative. Two shots were fired, and Sweet
fell dead. The other bandit disap-
peared, but Rooney was held by the
younger brothers until assistance came
and their prisoner taken to Jail.
i Rooney Denied the Shooting.
Rooney always contended that his
partner did the shooting, but the fact
that only two shots were fired and that
Rooney's revolver had two empty cham
bers, was regarded as convincing proof
that he was the murderer. He never
told the name of his companion. He
was tried in January, 1903, and the con-
viction was secured Jan. %. In March
the court imposed the sentence Of death,
to be carried into effect June 26.
Then came the legal mixup which led
to the appeal to both the North Dakota
and the United States supreme courts
Between the date of the conviction and
the date for the execution the legisla.
ture enacted law to the effect that
executions should take place in the state
t prison instead Of in the county in which
t the crime was committed. 1t further
9 provided that the condemned must be
. imprisoned in the states prison siz
: months prior to the time of the execu
e ton. The old law held that execution
could not take place within three
] months of the sentence.
Supreme Court Affirms Sentence.
The condemned man s attorneys hell
= that the six months imprisonment il
a the penitentiary was additional punish
ment and that it was ex post fact,
d legislation, Rooney being convicted un
e der one law and sentenced under an
- other. Judge Pollock did not know o.
n the six months clause to the execu
$ ton when he first passed sentence O
: execution in June, and Rooney wa
Y brought up for another sentence. TIL
: date was Oct. 9, 1908.
The appeal to the state courts coul,
e not be heard by that time, SO the exc
6 cution was postponed. The lowe
courts sentence was affirmed by tn
supreme court, and the appeal to tn
| United States supreme court resulted i
d a similar ruling. Last April Judge Pol
a lock. sentenced Rooney to be execute,
Le today.