The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-10

nounced that the court did not see
fit to grant another trial.
Straightway the district attorney
arose.
IF your honor please" he adj
dressed the court, 81 respectfully ask
that sentence now be passed"
The Judge looked over the top of
his glasses at me.
Mr.. Kane will please stand up"
he spoke in low and solemn tone.
l rose.
Behind me I heard a murmur, a
mixture of rustling garments, care
of feet and suppressed clearing of
threats The crowd was preparing
to catch every word,
John w. Kane" the judge began,
you have been tried in this court on
a charge of murder In the first de-
gree; and the jury, after hearing all
the evidence in the case, has rem
dered verdict whereby you have
been pronounced guilty. 1t now fol-
lows that In pursuance of duty the
court must pronounce sentence upon
you. Have you any reasons to offer
why sentence should not be passed
at this timer"
Choose My Own Death.
against the passing of sentence" l
answered, but l should like to make
a brief statement, which is but a
repetition of what l said while on
the witness stand; and that is, the
man for the staying of whom I'm
now to be sentenced was hit by a
purely accidental shot. Not until the
morning after the tragedy did l
know tina. both men had been hit.
and It happens that I have been tried
and convicted OF the killing of the
man whom l did not try to shoot"
The Judge sat looking at me for a
moment after l had ceased speaking.
THAT part" said he, was gone
fully into during the trial. Both the
law and the facts have been cited and
shown and the court has no. further
comment to make concerning the
point, Now in this state, Mr.. Kane, a
person convicted of first-degree muir
der has the privilege of saying which
of two kinds of death he prefers
for the penalty for that degree of
murder is death. You may, If you
wish, exercise a choice between being
shot or hanged. Have you any pref
ernce in the natter"
I had already heard that at that
day and time the state where l was
convicted had such a law on the sta
tute books.
answered. surprised a little bit at
the clearness of my own voice.
That being the case" the low even
voice continued, st is the sentence of
this court that you, John w. Kane,
be now given into the custody of the
sheriff of-county, state Of;
and that you be taken to some safe
place and be kept there until Friday,
the cath day of June, 1904, and on
that day be taken by the aforesaid
sheriff within the exterior walls of
the, state prison, and there be-
tween the hours of 10 a m. and .
p. m, be shot until you are dead"
O o o
It's Over In Two Minutes.
There was a slight pause after the
word shot" and the words until
you are dead" were barely audible.
With that last almost whispered
word the speaker nodded very
slightly toward me, and 1 sat down.
Court was adjourned. A deputy
sheriff, whose hands shook violently
enough to make one think he, rather
than 1. had just received the death
sentence, placed the handouts on my
wrists: my attorneys spoke a last
word of assurance concerning the re-
naming rounds of the fight yet to
come; and two minutes later 1 was
in a carriage and on my way to the
state prison.