Amador ledger., 1905-06-30
STAPLES SENTENCED
The Death Penalty Imposed-Ap
peal to be Taken.

peal 10 De Idkcn.
Saturday last was the day appointed
by the court for pronouncing judg
ment in the case of DIR f. NJ. Staples,
convicted on the 18th of May of mur
der in the first degree, for the killing
of his wife by means of poison on the
31st of August last. The>prlsoner was
brought into court shortly after ten
O'Clock. He was looking no paler
than usual, and apparently was as
composed as at any time during the
trial. The two attorneys who had
conducted the defense, A. Caminettl
and W. G. Snyder, were present, also
W. j. McGee, who, while taking no
part heretofore in the proceedings in
court, was regarded as interested in
the defense.
As soon as the case was called, A.
Caminetti asked that Mr. McGee be
entered as associate counsel for de-
fendant. and 1t was so ordered.
The court then requested the deten-
dant to stand up, and briefly ad-
dressed him, stating that after trial
by jury of his own selection, and
ably defended by counsel, also OF his
own selection, he had been found
guilty of the crime of which he was
charged, and it only remained for the
court to pronounce the Judgment
which the law provided. He was then
asked if he had any legal reason to
urge why Judgment should not be
passed at this time.
W. j. McGee thereupon made mo-
tion for new trial, on the following
grounds:
l. That the court mlsdirected the
jury in matters of law, and erred i'll
the decision of questions of law aris-
ing during the course of the trial.
2. That the verdict uf the jury is
contrary to law.
3. That the verdict of the jury is
contrary to the evidence.
4. That the court erred in denying
defendants motion to withdraw his
plea of not guilty., so that he might
move to set aside and demur to the
indictment.
5. That the court erred in denying
defendants motion for a change of
venue.
The court, in denying the motion,
said that as to the sutficiency of the
evidence to support the verdict, that
was matter for the jury exclusively to
deterumine. He had looked over the
testimony very carefully, however,
and was satisfied that there was ample
evidence to justify the verdict.
Defendants counsel then moved for
arrest of of Judgment on the follow
ing grounds:
l. That the indictment returned and
filed against the defendant does not
charge the defendant with the crime
of murder, and that the defendant was
on the 18th OF day of May, 1905, upon
said indictment, convicted OF the
crime of murder.
2. That the defendant had not been
held to answer before the finding of
said indictment, and that the grand
jury which returned said indictment
was disqualified, as fully set forth in
defendants motion to withdraw his
plea of not guilty.
This motion was likewise denied.
The Judge then proceeded to pass
the sentence of death. That the de-
fendant should within ten days be
taken by the sheriff to San Quentin.
and delivered to the custody of the
warden of said prison. and by him on
a day hereafter to be fixed by the
court, the defendant +. N. Staples,
should be hung by the neck until he
was dead.
The prisoner was as unmoved in re-
ceiving this dread sentence as the
Judge was in pronouncing it. There
was no outward manifestation of emo
tion on either side.
Counsel for defendant asked for
twenty days further time in which
to prepare the bill of exceptions, sup
porting the request with the follow
ing affidavit
f. N. Staples, being first duly
sworn, deposes and says: l am the de-
fendant in the above entitled. action.
The transcript of testimony and pro-
ceedings in the above case was not
completed until few days ago, and
it has been impossible for my attor-
neys to prepare the bills of exception
in the case in the limited time they
have had since the completion OF said
transcript. | therefore ask that the
time to prepare said bills of exception
be extended for twenty days.
F. N. Staples.
The request was granted, the twen-
ty DAYS to commence from June 24th.
Notice of appeal from the order
made on May 1st, denying motion for
change of venue, and also from
order denying motion to withdraw
plea of not guilty, so that he might
move to set aside and demur to the
Indictment, was fled June oath.
On Monday the defendants counsel
filed notice OF appeal to the supreme