The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1910-01-08
PFART RECEIVES
DEATH SENTENCE

Judge Orr convened court Inursday
morning at 10 O'Clock. Word having
been received from P. A. McCarron, at
torney for Frank M. Peart, that he
would arrive in Winnemucca on No. g.,
the matter of pronouncing sentence Of
death on the prisoner was deferred un-
til 4:30 p. m. At the hour mentioned
Peart was brought into court by Sher-
i'll Lamb and took seat by the side of
his counsel. Attracted by the unusual
occurrence large number of men were
present to hear the condemned man
sentenced to death.
Defendant was ordered to stand up,
and after brief chronological review
of the history of the case, Judge Orr
propounded the formal question, "Have
you any legal cause to show at this
time why judgment should not be pro-
nounced against youi'' At this point
Attorney McCarron arose and made a
motion for a new trial on purely for
NAL grounds, which was overruled and
an exception taken. Counsel then
made motion in arrest of Judgment,
which was denied and excepted to.
Continuing, the Court said:
Whereas, no legal cause having
been alleged or appearing why judg-
ment should not be pronounced against
you, now, therefore, it is ordered, ad-
judged and decreed by the Court that
you, the defendant, Frank M. Peart,
are guilty Of the crime of murder of
the first degree, and for that offense,
and in accordance with said conviction
and verdict, you, the said Frank M.
Peart, shall suffer death; and it is the
sentence Of the law, pronounced upon
you by the Court, that you, Frank M.
Peart, the defendant herein, for the
offense for which you have been duly
convicted by this Court, towit, muir
der of the first degree, with the pen
atty fixed at death, be and you are
hereby remanded to the custody of the
Sheriff of the County of Humboldt,
State of Nevada, to be by him deliver
ed to the warden of the state prison Of
the State Of Nevada, and that you be,
by the said warden of the state prison,
safely kept and confined until a day or
time to be fixed in and by said war
rant, you, Frank M. Peart, be taken
by said warden of said state prison to
a place of execution to be prepared for
that purpose, within the enclosed limits
Of said state prison, and then and
there, at that time and place, by the
said warden, you, Frank M. Peart, be
hanged by the neck until you are dead.
"And may God have mercy on your
soul.'
1t appearing that the transcript OF
the case had not yet been finished by
Court Reporter Lozano, without which
defendant will be unable to perfect his
appeal to the supreme court, Judge Orr
made an order that Attorney MeCar-
ron be given until the first of March
to file his bill of exceptions.
Under the law the date of execution
Is stated in the commitment which
Sheriff Lamb will deliver with his
prisoner to the warden of the peni-
tcntiary, and will not be known nm
til that official makes it public. How
ever, the statutes provide that it shall
not be less than sixty nor more than
ninety days from date of sentence, and
as the Court gave defendant until
March | to file his bill of exceptions.
the time for execution will no doubt
be fixed for some time in March.
Peart will be taken to Carson CITY
tomorrow morning on No. by shesrif
Lamb.