Los Angeles herald., 1905-03-19
SENTENCED TO DIE
ON THE GALLOWS
MCCLURE MUST PAY PENALTY
OF HIS CRIMES
Murderer Of Two Men Remains Cool
and Collected as the Court Pro-
nounces Words Which
Condemn Him

IL IS the judgment VI tHlS COuIt tudt
you be conveyed to San Quentin and
there delivered into the custody of the
warden to be hanged by the neck until
you are dead, and may God have mercy
on your soul"
After having been reprieved from
sentence for the third time, John Nc
Clure, the murderer of two men, yes
terday heard Judge Smith in the SUI
perior court pronounce the words
which condemned him to an ignomini-
Gus death on the gallows.
A vast throng of interested specta-
tors crowded the court room, and a
deathlike silence hung over the room
as Judge Smith pronounced the MUIR
derer's doom.
Deputy District Attorney McComas
filed counter affidavits to those filed by
Attorney Mclaughlin, who contended
that the prosecution was in error in re-
ferring to the death of Tsodicoff, his
client having been tried on the charge
of having killed Jerry OShea.
The argument advanced by Attorney
Mclaughlin was combatted by the
district attorney, and a number of de-
cisions handed down by the supreme
court were cited to substantiate the
point taken by the prosecution.
New Trial Denied
Among the cases on this point which
were cited by Deputy District Attorney
McComas as touching the point raised
by the defendants attorney, was the
case of the People against Joseph ].
Ebanks, who was tried for the murder
of Harriet Stiles and her father at San
Diego in 1895.
The motion for new trial was over
ruled and Judge Smith directed the
defendant to stand up.
Have you any legal reason why
judgment should not be passed upon
you?" asked Judge Smith.
In a cool and collected manner and
with considerable resolution the muir
derer answered No
Judge Smith then pronounced the
death sentence upon the convicted
man, and followed by a morbid crowd,
Mcclure was led back to his cell in
the county Jail.
Attorney Mclaughlin Immediately
served notice of an appeal, but unless
Judge Smith signs what is technically
known as the certificate of reasonable
doubt" Mcclure will be taken to San
Quentin to await the final act of the
In oh will 10 h iy,tr
eternity.
Story of the Crime
The crime for which Mcclure was
sentenced to death was particularly
revolving in its nature, as it showed an
utter disregard of human life.
The murderer is 81 years of age and
native of Ireland, but the past forty
years of his life have been spent in
prospecting and mining, in which he
appears to have failed to make a
Strike
Misfortune in his business affairs in
duced Mcclure to leave his rough home
on the desert, and he was first seen in
Los Angeles in the early part of last
December, when he drove to the Ex-
change stables, on San Pedro street,
and there disposed of his horse and rig
for s35.
In disposing of his team Mcclure de-
cided to retain possession of 25-cent
halter, and he left the stable, saying
that he would return in a few minutes
for that article.
On the following day Mcclure re-
turned for the halter and encountered
H. Tsodicoff, who, after having been
discharged by Judge Wilbur in the su-
perior court on the charge of insanity,
purchased half interest in the stables.
Tsodicoff insisted that the halter was
included in the bill of sale, whereupon
Mcclure left the stables in an angry
several times after that, but he was
unable to receive any satisfaction.
Looked for Trouble
Once again, early on the morning of
December 12 Mcclure started for the
stable to recover his halter and he is
said to have remarked TO friend that
he would get it or there would be
trouble.
AS he entered the stable he met
Tsodicoff and again demanded the hal
ter. 1t is said Tsodicoff refused his
request, whereupon the enraged man
pulled out a revolver and fired two
shots at Tsodlcoff. who attempted to
escape when he realized the danger. 1t
was too late, however, for Tsodicoff
fell dead as he reached the street out
side.
The bloodthirsty miner then took de-
liberate aim at Jerry O'Shea and fired
two shots with telling effect Not being
satisfied with his crime, Mcclure ran
to the PROSTATE form of the young
hostler and stabbed him six times with
a bowie knife. TO this crime there was
an eyewitness. A man named McAfee,
hearing cries of distress, arrived upon
the scene of the bloody tragedy.
Record Of Hanglngs
Since 1880 only six men have been