The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-11-17
IS SENTENCED
TO Be HANGED

bald F. McKinnon, was yesterday SEN
fenced by Judge Dole to be hanged be-
tween the hours of nine in the fore
noon and FIVE in the afternoon, of Wed.
nesday, February II, 1909.
The proceedings in this matter in
which a human life was ordered told
off, were impressive in their simple di-
reetness. There was not one in the
courtroom who did not feel the strain
and tension. Perhaps the prisoner him
self, John Wynne, gave less outward
manifestation of the ordeal than any.
one else in the court room, though he
was by no means unaffected Though
he advanced to the bar of the court,
when called to stand up for sentence,
without apparent nervousness, and an
swered in audible voice when asked il
he had anything to say why sentence
should not now be passed on him, there
was evident gulp in his throat, and
nervousness in his deameanor that
even the habit of dull impassiveness
he maintained throughout the trial
could not entirely suppress.
The sentencing of Wynne had been
set for two clock. At that hour Judge
Dole dressed as he habitually is, in
white, entered the court room from his
chambers. The bailiff, Daniel Kikaha,
with his gavel called attention and de-
clared the court open. Clerk Murphy
called the title Of the case, the United
States against John Wynne. AT once
the defendant, following his counsel, G.
F. Clemens, arose, while the latter read
a motion in arrest of judgment. Uni
ted States Attorney Breckons opposing
the motion said that the court had al
ready considered the points raised by it
and had already overruled them. Judge
Dole formally overruled the motion in
arrest of Judgment, the principal point
raised by which was whether this court
had jurisdiction or not. Mr.. Clemens
then stated that writ of error would
be sued out of the Supreme Court of
lthe United States. Mr.. Breckons then
( moved that sentence be passed in ac-
cordance with the verdict. Judge Dole
directed the prisoner TO stand up. He
did so, advancing to the bar of the
court, and in reply to Judge Dole IS
question if he had anything to say why
sentence should not be passed ON him
he replied, emo, your honor"
Judge Dole then read the judgment
of the court which had been carefully
prepared beforehand. While his voice
seemed unaffected, it was evident that
the strain was very great. And as soon
as sentence was pronounced and the
prisoner had been removed, Judge Dole
adjourned court until Monday morning,
and left the building. The judgment
and sentence of the court was as fol-
lows:
On motion of Robert w. Breckons,
Esq, Attorney for the United States
for the District and Territory of Ha-
wall, the said defendant, John Wynne,
was brought to the bar of this court,
district and it being demanded of him
what he has to say or can say, why
the sentence of the law, upon the ver-
dict of guilty of murder heretofore
returned against him by the jury i'll
this case, on the ninth day of Novem-
Der, in the year of our Lord one thou
sand nine hundred and eight, shall not
now be pronounced against him, he
e,,r al
to say than he has heretofore said.
Whereupon, the premises being seen
and by the court well and sufficiently
understood, it is considered by the
court that the said Marshal of the
district aforesaid cause the said John
Wynne to be taken hence and him, the
said John Wynne, safely and securely
keep, from the date hereof until We'd
.nesday, the 18th day of February, in
the year of our Lord one thousand nine
hundred and nine, and ON that day
and between the hours of nine O'Clock
in the forenoon and five O'Clock of the
afternoon of the said day, the said
Marshal cause the said John Wynne to
be taken to some convenient place
within this district, to be appointed
by said Marshal, and then and there
between LDt shiu VI nihS " SioSh
in the forenoon and five o'clock in the
afternoon, on Wednesday, the said 18th
day of February, in the year of our
Lord one thousand nine hundred and
nine, cause the said John Wynne to
be hanged by the neck until he is
dead.
And the clerk of this court is here
by required to furnish the Marshal OF
this district with duly certified copy
of this Judgment sentence and order
which shall be retained by said Mar
sLal with a full and true account OF
the execution of the same.
(Signed) SANFORD B. DOLE,
Judge, u. s. District Court for the Ter.
ritory Of Hawaii.
November 10, 1908.
The motion in arrest of judgment
was signed by Wynne himself. 1t was
accompanied by an affidavit by Frank
Thompson, in which the same state
ments were made, accompanied by an
<ntl;na NJ the arpument in suDDort nj