Page:The Green Bag (1889–1914), Volume 22.pdf/155

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

The Editor's Bag the purpose, he remarked serenely. ‘We must follow the rules of court procedure.’ “It was placed on the table before the court, and as each witness was sworn he was ordered to kiss the book, believing, of course, that it was a true copy of King James’ Oxford

edition of the Bible."

141

six by two beneath the sod, and the green grass and those beautiful flowers will be growing above your lowly head. "The sentence of the court is that you be taken from this place to the county jail; that you be kept there safely and securely con fined, in the custody of the sheriff, until the

AN UNUSUAL DEATH SENTENCE ROBABLY the best anecdote of Judge Benedict of New Mexico is that told with regard to his sentence of death pro nounced upon one José Maria Martin-—who was convicted of murder in the District Court of Taos county, under a state of facts showing great brutality, and with absolutely no mitigating circumstances. Judge Benedict said : “1056 Maria Martin, stand up. José Maria

day appointed for your execution. Be very careful, Mr. Sherifi, that he have no oppor tunity to escape and that you have him at the appointed place at the appointed time. That you be so kept, José Maria Martin, until,—Mr. Clerk, on what day of the month

does Friday, about two weeks from this time, come? March 22d, Your Honor,— very well, until Friday, the 22d day of March, when you will be taken by the Sheriff from your place of confinement to some safe and con venient spot within the county,—that is in your discretion, Mr. Sheriff, you are only confined to the limits of the county,—and

Martin, you have been indicted, tried and

that you there be hanged by the neck until

convicted by a jury of your countrymen of the crime of murder, and the court is now about to pass upon you the dread sentence of the law. As a usual thing, José Maria Martin, it is a painful duty for the judge of a court of justice to pronounce upon a human being the sentence of death. There is some thing horrible about it and the mind of the court naturally revolts from the performance of such a duty. Happily, however, your case is relieved of all such unpleasant features and the court takes positive delight in sen tencing you to death. “You are a young man, José Maria Martin; apparently of good physical constitution and robust health. Ordinarily you might have looked forward to many years of life, and the

you are dead and-—the court was about to add,

court has no doubt you have, and have ex

pected to die at a green old age; but you are about to be cut off on account of your own act. José Maria Martin, it is now the spring , time; in a little while the grass will be spring

José Maria Martin, may God have mercy on your soul,’ but the court will not assume the responsibility of asking an All-Wise Provi denoe to do that which a jury of your peers has refused to do. The Lord couldn't have mercy on your soul. However, if you aflect any religious belief, or are connected with any religious organization, it might be well enough for you to send for your priest or your minister and get from him—well, such consolation as you can, but the court advises

you to place no reliance upon anything of that kind. Mr. Sheriff, remove the prisoner."

CURIOUS CHARGE IN A BREACH OF PROMISE

SUIT

HE following charge was delivered by a Georgia judge, in the case of Durand v, Moore:—

ing up green in these beautiful valleys, and

“The plaintiff, Lillian Eloise Durand, sues

on these broad.mesas and mountain sides flowers will be blooming; birds will be singing their sweet carols and nature will be putting on her most gorgeous and her most attractive robes, and life will be pleasant and men will want to stay; but none of this for you, José Maria. Martin, the flowers will not bloom

the defendant, L. L. Moore, for the sum of five thousand dollars, for the breach of a con

for you, José Maria Martin;

the birds will

not carol for you, José Maria Martin; when these things come to gladden the senses of men, you will be occupying a space about

tract of marriage.

The defendant,

Moore,

denies the contract of marriage. This makes up the issue you are to try. . . . HThe Court takes judicial cognizance of the fact that a young man easily falls in love with a maid, and this is especially true of a young “Hill Billy" like the defendant, who is fresh from the classic precincts of the pumpkins and turnips on the farm.