The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1908-06-02
BY Judge Charles W. Lynch at
Tuesday Morning Session
of Circuit Court.
MERCY ON HIS SOUL ASKED
BY Judge Lynch in Behalf of
the Man Sentenced to
Die on Gallows.

Frank johnson, have you any
thing to say. why sentence, should not
be passed?" was the question Judge
Charles w. Lynch of the circuit court
asked at the morning session of his
court Tuesday.
Johnson replied audibly: II have
not"
TT Is not necessary for me to say
more than to pronounce the Judgment
fthe law" Judge Lynch said.
''The judgment is that you be. con-
veyed to the penltentiary as soon as
may be and that you be kept there
in the usual manner until the seven
teenth day of July. 1903, and that on
that day sometime between the hours
of sunrise and sunset you be hanged
by the neck until you are dead, and
may God have mercy on your SOUL"
At the opening of the session after
the reading of the record of the pre-
vious day and the hearing of a few
chancery causes, Judge Lynch asked,
the counsel for the defendant, Frank
johnson, convicted at this term of
first degree murder OF BeuIah Mar
tin, colored, wife OF Carl Martin,
coiored, at Gypsy March last, by
shooting her dead, If they had any
thing further to say In Johnson's be-
half. Being answered in the negative
except a brief insistence on the po-
sition taken by them the day before
as to the irregularity OF the evidence,
Judge Lynch ,overruled the motion to
set aside the verdict and grant John
son new trial. An exception to the
action of the court was noted.
Judge Lynch In passing on the mo.
ton stated that the. defendant had
had fair trial and nothing had
gone before the jury to arouse its
passion or prejudice, He said the
jurors were exceptionally fair and
conscientious. and acted fairly on the
evidence before them. Judge Lynch
stated further that owing to the seri-
Gus results which might follow the
trial he had allowed the defendant to
produce evidence In his own behalf,
which might be deemed improper,
and Sought to be liberal with him.
He stated that scarcely any thing
about the capture and what followed
the shooting was allowed to go to the
jury .aS the court thought all the
time to keep from the minds of the
jury such as would cause any pref
udice against the defendant. True,
the fact that officers were with him
after the capture was before the JUICY
but only to lay the foundation for
the statements by the officers, Of
what he said to them..,
Judge Lynch declared there was no
evidence before the jury to stir up
the passions of the Jury at any time,
and It was wilful and deliberate
homicide within the meaning of the
definition.
Judge Lynch then asked johnson
II he had any thing to say as already
stated and passed sentence.
The condmned man was then es-
corted to the jail on the arms of two
officers. followed and surrounded by
other officers in order that he might
not escape and that there might be
no outbreak against him.
AS is remembered Johnson stated
he was on intimate, relations with the
woman at their home at 0'Neil a
number of months last summer, and
finally 1t was agreed that Martin
should get divorce, to give the wo-
man an opportunity to become the
wife of Johnson, but shortly after
wards this plan was objected to by
the Martins.
johnson claimed that the man ac-
companied by the woman pursued
him with a gun after that on one oc-
casion, and, determining to have It
out with Martin, he went to Fairmont,
then back to Gypsy and from the sec
ond story OF a house nearby fred a
shot Mt Mrs. Martin, when she ap-
peared outside the house, where she
was stopping and after that he knew
nothing until he was crossing the
Gypsy bridge In his flight.
The details of his capture by the
sheriffs posse at the Yates barn on
Sycamore. where he barrIcaded him
self for night and day are fresh
in the minds of the people.
A goodly portion of Johnson's story
was denied by state witnesses who de-
scrlbed the shooting. They said lie
entered a room, inquired for Mrs.
Martin. and. when he saw her, said
to her: "You have lied to me five
times, but you will never do so
again" Then he shot her dead. 1t
Is claimed the shooting was the result
of her refusal. to elope with him.