Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-09-20
MUST PAY THE PENALTY.
Supreme Court Decides That Frank
Williams Must Swing for Murder.

Supreme Court Decides That Frank
Williams Must Swing for Murder.
Yesterday the third decision rela-
tive to death sentences was handed
down by the Supreme Court of this
State. This was the case Of Frank
Williams, one of the men convicted
LOT the murder Of Jack Welsh. Will
liams was tried separately from Sew
ner, Roberts and orman, and was
found guilty of murder in the first
degree and sentenced to be hanged
by Judge Curler. He appealed from
the lower Court, on technical point
and this has beej set aside and the
decision of the lower court affirmed.
Williams, like the others who are
under the death watch, will be taxi
en- to Reno and be sentenced by the
same judge who PASSED sentence up
on them early in the year
| The Supreme Court in it's decision
says:
1t was alleged that the evidence was
insufficient to justify the verdict Of
murder in the first degree because
the shooting was not done until about
two minutes after the robbery. 1t
i occurred as part of the continuous as
sault lasting from the robbery to the
shooting and was apparently done
for the purpose of preventing deten-
ton. The Court instructed the Jury
that under the statute of murder con-
mitted in the perpetartion of robbery
is in the first degree If there had
been no robbery there was. in the
opinion OF the court. sufficient time
for generalization to justify the yer.
dict.
1t was claimed that one of the i'll
rors. A. c. Helmold, was incomptet;
by reason of having formed and ex
pressed an unqualified opinion in re
gard to the guilt or innocence of the
accused. He stated that he had heard
the case discussed, but that he hal
not discussed it himself, and had no,
talked with the witnesses regarding
, it. That from rumor and reading tn:
j newspapers he had formed an opinior
[ regarding the guilt or innocense q
| the defendant His opinion, he said
was not unqualified, and that it would
require evidence to change it.
The statement continues While
they were confined in the Carson peni
) Tertiary, awaiting the execution oi
, sentence. this defendant, without 50
l without any conditions whatever at
5 tached thereto, made a written state
: ment
$ He declared to the Warden of tht
penitentiary, Mr. Considine, that h,
wished to make written Statement
4 concerning the crime, not through ex
t pectancy of a reward, or clemency
. but for the sole purpose of relievin.
| his mind and letting the world know
y
v the commission of that crime.
He was warned of his rights full.
protected in them and still persiste
in making written statement.
In this statement the defendant de
. clared what was done with the plur
der that they received off of JAG
WEIGH and Albert Waterman. H
told them also what was done wit
the plumber that was taken off Towf
!. said that it was cached near Low.
| lock and told how they went froi
Ii there into the town of LoVelocl
= where they were arrested and gay
4 the full particulars of the. commi
I; sion of the crime.
II Before expressing its opinion tt
IL Supreme Court passed upon the a
1, instability of this statement and OF
l. er matters, quoting the evidence Ii
II orally and citing many authorize
III The opinion reads:
II 1--WE are satisfied that the verdi
II in this case. is the only one that t.
II jury should have returned under Il
II evidence and the error will be d
HI regarded.
III The judgment and order were
II firmed, and the District Court viii !
Ii time for having its sentence
III death carried into effect.
III The decision in fill will appear