Las Vegas optic., 1911-02-27
death SENTENCE
IS PASSED ON
NJ NABB
MAN WHO KILLED ALLEGED DE.
spolLER or HIS HOME GIVEN
EXTREME PENALTY

Santa Rosa. N. NJ. Feb, 27-un'
leaa II stay of execution is granted. u.
q. MeNabb convicted Of murder in
uhe first degree laia week will be
hanged on Friday, March II. 1911
McNabb was sentenced TO death
by Judge u. Il. Wright, presiding over
tho session of the district court here.
MeNabb's attorney gave notice of an
appeal to tho supreme court affor
Judge Wright had overruled motion
for new trial Pending the appeal
10 the supreme court. MeNebb's bail
was nxed at $4,000. which. however,
he failed 10 furnish,
MoNabb shot aud killed II II. 1lar'
eie. station agent nj Vaughn. N. NJ.
several months ago lis defense was
that llafgis ruined his home,
When MoNabb was ht1agned be-
fore Judge Wright. he stood erect.
having waited firmly from n chair In
tho court room 10 his position before
the bar, Every eye in The court room
was fastened on the prisoner While
some legal fornalilieH we're being dis.
posed Of. Judge Wright requested n
bailirf to bring ehaif for McNabb
This was done and MoNabb sol down
In moment he was requested 10
stand Judge Wright then said
Under the law am required 70
ask YOU certain questions" The court
then proceeded TO query The prisoner
aud in response MeNabb made the
following answers
~ am nearly forty Years old I was
born In Newport Tenn ahd have .
wife ANA ane child NV wife's name
II Hattie MeNahh. My daughters
name Ia Alice oakley MaNahb, she is
seven wears old I have lived lA Nav
Mexico rive wears, two wears ~ rsN
loo and three wears AZ Vaughn, !
have been maiaied eight years ana
have never been accused ef a crime
before"
When asked II he had anything 20
say why sentence should not be paaa-
ed upon him, McNabb said
"Only that the verdict was not
just"
Judge Wright then said Under
the law when jury has found a
verdict of murder in the first legfee
the sentence is not optional with the
Judge, the law itself provides that the
penalty shall be death. To me 1t is a
painful duty. do not act In a per
sonal capacity. The Judgment Of the
court f. that you be taken to the jail
6f Guadalupe county, there to be safe
ly kept by the sheriff. until Friday,
tho 18th Of March, 1911, at 4 D. M. at
which time you shall within the en-.
closure 10 be erected by the sheriff
snd in this presence Of not more than
twenty persons. tho list 10 be ap-
proved by the district Judge. be taken
from said jail and by the sheriff Of
said county hanged by the neck
nnti' dead. May God have mercy on
Your soul"
A motion for new trial was denied
and nm appeal taken to tho supreme
court Of the territory. The appeal
nets as stay Of execution. McNabb
and tho other prisoners have been
take to Santa Fe.
Judge Wright sentenced Luis Tapia
who was convicted OF murder in the
second degree, 10 serve not less than
twelve nor more than twenty years IN
tho territorial penitentiary. Tapia
was convicted for murder in the sec
ond degree. II being alleged that he
shot and killed Nora Stewart. A mo-
tion for II new trial for Tapia was
denied by Judge Wright and formal
notice of appeal was given. Other prl.
eonere were sentenced as follows:
Alberto Gallcgos. rape. Ave years;
II, Madril. larceny of sheep. two
years; r. Madril, his brother, same
offense. one year sentence suspended
on account of prisoners aged father
who needed the support OF the lad;
Leon Padilia, forgery. three years.