The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1912-08-21


tbs TO the protection OF our Ilyes IN
liberties. The defendani's first mil
step was to interfere with the er
forcement 9. the Jaw. 1t may hay
panied him to see his brother In cui
tedy OF an o@cer. but he made a "a
tai mistake when he undertook to re
lease him by force, and to COMM
murder in order TO do SO and he mus
now pay the penalty by giving hi
cwn life. Some OF the citizens OF Ia,
community came near making Tx,
mistake. Aroused by the outrage
which had been done one Of their re
spected citizens, they seriously con
templated, II is said. to ayenge tht
wrong by staying the murderer Of
their friend. This would have been
murder, legal and moral. Had this
been accomplished this court would
now be trying these citizens for the
same offense OF which this defendant
has just been convicted, and instead
OF being witnesses OF this trial they
would be here impioring a jury to
save their own lives. ! am profound.
ly grateful that so serious calamity
was averted. in time to save all from
crime Or disgrace.
This case gives emphasis to what
] have so frequently said from this
bench, that there is no safety outside
OF the law. This defendant took the
law into his own hands, and under.
took to prevent Mr.. Shaver from per.
forming his duty. In doing this he
committed murder. He ignored the
law and doubtless felt that he could
take care of himself and friends with.
cut government. Inside Of IS hours
he was compelled TO appeal to the
law to save himself from death at the
hands OF men who also proposed to
ignore the law. It Is impossible to
tell where lawlessness thus begun
will end. or who will suffer most.
Now in formally overriding the mo.
ton for new trial, ask the defend.
ant whether he has anything TO say
why the judgment OF the Court shall
not be pronounced.
Nothing sufficient being saidpr offer.
ed It remains for the court to pertorm
the painful duty Of pronoHncing the
penalty fixed by the law; that penalty
is death. have been on the bench as
special and regular Judge in this
State for nearly fifteen years. Dur.
ing this time 1t has been my duty to
preside at many trials and inillct
many sentences This is the first
time | have been compelled TO inilict
The death penalty. This, Of course, Is
the seyerest penalty that can be in.
i.icted. 1t is the extreme remedy to
which the courts resort In their ef-
fort to secure good government, and
protect the lives. of citizens. The
court found you; with no attorney to
represent you In court and no means
CT securing one. al appointed two
competent men, learned In the Law
who have kindly consented 10 repre-.
sent you without hope OF reward.
They have Hbly and fearlessly defend.
ed you. All has been done for you
that able and conscientious lawyers
could do. They could not change the
laws or the facts. L..
! hope this extreme penalty may be
taken as EVIDENCE OF an awakening
upon the part OF our citizens. and a
notice that all offenders will be fully
and promptly punished.
The court has nothing to do with
the law except to declare what II is
and enforce II. The law places upon
the jury in such cases as this the
duty OF declaring what the punish.
ment shall be. and leaves nothing for
the court to do except to give effect
10 finding Of the Jury. First degree
murder is punishable either by death
or confinement In the penitentiary for
life, and the jury must determine
which punishment shall be inflicted.
This jury has determined that the
punishment shall be By death. The
court must carry this into effect by
proper orders. The entering OF the
judgment Is mere matter OF form. u
%ill therefore order that the accused
he punished by death In the name,
ard at the place pr 'scrlbed by law.
| must not unnecessarily proIong
your agony or add to your sorrow
rrue you have ruthlessly taken til,
afe of man who never harmed you;
Eon have brought n great sorrow to -
once happy family and cast gloom
over n large community whose CUES,
you We're. You have utterly dlsrc