The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-20
The Old Reliable
ROYAL
BAKING POWDER
ABSOLUTELY
PURE
There is no substitute
80 YEARS SENTENCE FOR WOOD
PLEA OF MURDER IN THE SECOND
DEGREE ACCEPTED.
Justice Cnrretson Dtsresards an Appeal
for 1em ency--Prisoner Apparently I'm.
moycd-Nla Jority OF Jury Would Have
Been for Murder in the First Degree,

moycd---NIaJority OF Jury Would Have
Been for Murder In the First Degree,
SodERv1LLE, N. j.. May ls.-The trial Of
George H. Wood for the murder Of George
Williams ended this morning. Wood
pleaded guilty to murder In the second
| degree and was sentenced to thirty years
in the State prison.
This action on the part Of the defendant
had been anticipated since yesterday after
noon, when the counsel engaged on both
sides Of the case left the court in body
and held prolonged consultation just as
the case was about to be given to the jury.
Wood was led into court at o'clock
this morning. He sat with pale and bag
gard face for half hour, while the judge
and the lawyers In the case we're In secret
conference in chamber back Of the court
room. When the conference was over
Prosecutor Roger addressed the court.
He said it had been suggested by the State
that there was not In the evidence Of the
State proof of that degree OF premeditation
In the committing of the crime to justify
tho jury in finding the defendant guilty OF
murder In the first degree. Counsel for
the defense also thought that the burden OF
proof Of insanity was not fully made up.
In view Of these facts counsel for the de-
PENDANT had preferred a plea Of guilty OF
murder in the second degree. In tho alb
senoe Of any proof Of motive for the act,
the State had decided to accept such a
plea.
Samuel s. Swackhamer, one Of Woods
lawyers, said he was convinced that Wood
was not morally responsible for this crimc-
He had consulted him and his family. The
defendant said to him in the prc/,noe OF
his family that he did not want 70 go back
home. 1t was better for him to go some
where where his disease could be looked
after and cured.
Il think concluded Mr.. Swackhamer,
that it is to the best interests of the public
and all concerned that we should make
this plea"
Wood was ordered to stand up and Prose-
outor Roger told him that he understood
that he was ready to retract his plea.
What do you plead?" asked Mr.. Roger.
Wood quickly arose and started to speak
lncoherently, when he was stopped by
Mr.. Swackhamer. who said;
George, say. 1 plead guilty to murder
in Il he second degree.
Guilty of murder in the second degree
said Wood obediently IN a steady voice
wit bout any show Of emotion. Justice
Garretso said that the Court had &c ne over
this matter very carefully and had reached
the conclusion that under all circumst ances
they were ready to accept this plea.
A material matter of proof OF murder
in he first degree, said the Justice, lis that
It shall be. wilful, deliberate and premedi-
tated. The law requires that this must
reasonable doubt. Considering the plea
Of insanity and the absence Of any motive
the Court has reached the conclusion that
the State has not made out a wilful.. de-
liberate and premedit ated killing such as
the law requires. Whether that state Of
condition or whether he did the act under
an Impulse is a matter Of doubt
Justice Garretson excused the jury and
they retired from the box. Then Prose
Swackhamer asked for further time. JUS
tice Garretson thought the case should be
disposed of at once. Mr.. Swackhamer
then made plea for clemency. Mr. Clark
followed MIR. Swackhamer for the State.
after which Justice Garretson and Judge
Schenck retired to the Judges room for
a brief conference. When they had again
taken their seats on the bench Justice
Garretson said the Court must deal With
the case as presented res ne to them. me de-,
the second degree.
The Legislature fixed the limit Of punish
ment to thirty years in State prison. The
appeal for sympathy was a proper one for
the jury, but out Of place to the Court.
this defendant is insane has been deter
mined by his plea and adversely to him.
There is nothing left for the Court to do
to meet the demands Of justice but to give
him the full limit of the law, thirty years.
If it may develop later that the disease made
him not responsible there is another tribunal
to which he could appeal
Wood was ordered to stand up and Justice
Garretson sentenced him for the full term
of thirty years at hard labor.
II is automatically reported that ma
jority Of the jury was for a verdict Of
murder in the first degree.