The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-11-14

Wednesday, February II Is
Fixed for Execution of
Wynne.

| fenced by Judge Dole TO De hanged pc
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-
rectness. 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
when called to stand up for sentence,
without apparent nervousness, and an
swered in audible voice when asked if
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 o'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, C.
F. Clemens, arose, while the latter read
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 cut of the Supreme Court Of
the 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
question if he had anything to say why
sentence should not be passed on him
he replied, "No, 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, |
in the custody of the Marshal of said |
and it being demanded of him |
what he has to say or can say, why /
the sentence of the law, upon the YER
diet of guilty of murder heretofore |
against him by the jury in
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
says he has nothing further or other
10 say than he has heretofore said.
WhereupOn, the premises being seen
md by the court well and sufficiently
it is considered by the
court that the said Marshal of the
district aforesaid cause the said John
Nynne to be taken hence and him, the
aid John Wynne, safely and securely
Keep, from the date hereof until We'd
lesday, the 18th day of February, in
he year of our Lord one thousand nine
hundred and nine, and on that day,
md between the hours of nine clock Il
n the forenoon and five clock of the
.fternoon of the said day, the said
MARSHAL cause the said John Wynne to
,e taken to some convenient place
within this district, to be appointed
" said Marshal, and then and there,
between the said hours of nine o clock
n the forenoon and five clock in the
fternoon. on Wednesday, the said 18th
lay of February, in the year of our
lord one thousand nine hundred and
nine, cause the said John Wynne to
,e hanged by the neck until he is
lead.
And the clerk of this court is here
~ required to furnish the Marshal of
his district with a duly certified copy
# this Judgment sentence and order,
which shall be retained by said Mar
hal with a full and true account of
he execution of the same.
(Signed) SANFORD B. DOLE,
fudge, L. S. District Court for the Ter
ritorv of Hawaii.
November l3. 1908.
The motion in arrest of Judgment
vas signed by Wynne himself. 1t was
accompanied by an affidavit by Frank
Thompson, in which the same state
rents were made, accompanied by an
outline of the argument in support of
he law points. The motion signed by
Yvnne was as follows: