The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1913-11-10
BORAH SENTENCED
GONE TO PRISON
NEW TRIAL REFUSED. COURT
SAYS TRIAL WAS FAIR. NOTICE
OF APPEAL GIVEN.

Atoka, Okla, Nov. S.-Judge Rob
ert NJ. Rainey in the district court
sentenced w. A. Borah convicted yes
terday of the murder of his wife in
on the morning of Aug.
80. to serve a life term in the state
penitentiary at hard labor, and Sher-
if Ray and prisoner went to Nc
Alester this afternoon. Prior to this
the court overruled the motion OF
defendants attorneys for a new trial
and a motion for arrest in judgment.
Borah received his sentence with glls'
tening eyes, but had nothing to say
why the jury's verdict should not be
carried into effect. The attorneys
gave notice of an appeal to the Grim
inal court Of appeals and saved num-
erous exceptions upon which to predl'
cate the objections.
Thirty nine reasons were oftered III
the motion for new trial by j. W.
Jones of Atoka, attorney for the de-
Tense. The chief of these dealt with
the letter offered by the state ana
alleged to have been written by MIS-.
Borah to the defendant, as she com
plained about him being away from
home so much Borah testified that
the handwriting was that of Mrs. 30
rah, but that he had never received
the letter. According to Attorney
Jones, the letter was mailed by error
to her people in Kentucky by being
nlaced in the wrong envelope and that
il had been delivered to the state by
C. NJ. Cole of Little Muddy, KY, the
father of the dead woman.
Claims Letter Was Prejudieial.
Mr.. Jones said the letter was offer
ed to disprove Borah's statement that
there had been a divorce agreement
between himself and wife. 1t had new
or been shown, he said, that the de-
fendant received the letter, and as
the woman was dead, it was lmpos-
sible to tell what she had in nina
when she wrote it, or what her pur-
pose was, if Intentional in sendlhs
the letter to Kentucky. For this rea-
son. admission of the letter, the at
| torney said, was prejudicial to the
defendants rights before the jury. the
attorney said had this and certain al
| legged remarks of the States attor-
neys been kept from the jury MS
client would have been acquitted the
court reminded the attorney that the
letter had been admitted only after
the defendant acknowledged that II
was in the handwriting CT his dead
wife
Another contention of the defense
for a new trial was the fact that the
court when the defense requested IL
did not require the state to elect up
on which of the numerous methods
rec,ted in the information it would
RELY TO show the death of Mrs. Boral
had been accomplished. According tc
Mr. Jones, the courts instructions u
the Jury contemplated that the jury
had to find beyond a reasonable
doubt that Mrs. Borah came to heI
death in one of the six methods re
cited. and since the jury did not eN
press itself in the verdict, the yer
dict was contrary to law. The State
Attorney Jones said, had dissipate'
its own contentious by Witnesses ant
he doubted if anyone who heard TN
!, testimony could determine the precls'
manner in which the death occurred
The attorney said he could not do SC
and certainly, he added, the state ha
failed to prove that the deed was ac
i complished by Borah
The defense also objected on at
count of what the motion termed sid
bar remarks and prejudicial state
ments of the counsel for the state,
County Attorney Clark for the stat
made no argument.
Court Declares Trial Fair,
=, In overruling the motion for a me-
trial, Judge Rainey said that he wa
satisfied that Borah had been give
a fair and impartial trial and that a
his legal rights had been protected.
i "Mr. Borah, you will stand up
- said the court You have been conVlc
ed for the murder of your wife. Ha'
YOU anything to say why the senten'
of court shall not be pronounced
The prisoner made no response al
there was no sign of feeling oth'
= than his glistening eyes.
Mr.. Sheriff, you are directed to tai
g the prisoner to McAlester without d
u Law. said the court to the Atoka Cou
- ty sheriff after the formal sentenc
Attorneys for the defense gave notl