Show THIEDE TO BE HANGED r To be ha hanged by the neck u until ntH he Is il dead That WM was in brief the sentence passed palled upon Charles Toledo by Judge In the Third district courtroom Monday morning tor for the wilful mur mur- murder murder murder der of his bli wife io in April last Ja The prisoner was wai brought down from the penitentiary by two guards guardi guar 8 and ushered into court a few minutes minute before 10 o'clock There was wa a crowded audi audi- audience audience audience ence in waiting to learn the result now presented a manner and appearance alt altogether at variance with his hll former bearing He bad lost lo t his old time nonchalant air his bia hi face worean worean wore woren an n anxious look Jook his bis bi eyes JM were reu red as though from Drying crying or low loss of sleep and be he seemed m d a thoroughly dejected being as ai If fearing tearing that all aU hope bope bop bad tied While J Judge Utile was w pass paw passing pawing ing upon the th motions for a new trial and in ID arrest anest of ot judgment argued by counsel for the defense last week the prisoner sat in a chair against the bar enclosure ure and strained drained br his ear to catch every that fell from the lips lipi of the court The Judge said aid In the case car of the people vs v Charles This was wai based on a motion in 10 arrest of judgment and for tor a aDew anew anew new Dew trial I deem it unnecessary this mora morning moraine in passing paring upon these motions to discuss their merits Suffice It to say ay ay that tbt I have hare very Tory carefully examined the points point that were raised railed by counsel for the defendant on bothof both of f those motions motion also aro on the questions that were raised in regard io to 0 the charge chare or of f th the court and tb the point raised railed In retard regard to the jury being satisfied be- be beyond beyond be beyond yond a reasonable doubt or not Dot being satisfied d with each link in the chain ot of tai beyond beyo d a rea reasonable doubt I In n considering th the cases caB that seemed to be adverse adrae to that it will willbe willbe be noticed that they were oases where the Ule evidence was wai wholly circumstantial 1 In one of these caw cases It wa was wai agreed by counsel that the evidence was wholly circumstantial The supreme court ourt rt of Colorado In that case cane consid consid- considered considered ered red the Instruction wrong In la a case cale carel similar liar to the owe OLe u under consideration where the same lame language is 18 1 used in inthe inthe inthe the State of 01 Illinois Ills Illi the refused to take that view of ot It and 1 I think for tor perhaps the best reasons I ba have hare ve noticed In the came oae at bar the prosecution In- In Introduced introduced evidence tending to show how bow a confession I think that that confes- confes confession sion would be b in the nature of direct evidence The circumstances on each side aide will lead up to that particular part of the te testimony and nd show how as ae to whether or not in the light of at these thee circumstances the confession ii is true I take it that while perhaps that tbt ex- ex expression ex might be somewhat mOdIfied jf If counsel ha- ha h hi hat i called the Courts Court's Court alien atten Lion tion to it at that time it undoubtedly would have hare been id referring entirely to the circumstances In regard to the evidence or admin lion elon ion in evidence OB on the part of 01 several witnesses as a to tf the womans woman's woman screams orea r and aad the evidence in reference to tb the appearance of th the deceased and the defendant on a particular occasion there are a very Tory lew few authorities tb e it to a I I- I he great fut weight of authority Is i the ike other way I think therefore under all the cir cir- circumstances cir after giving it fair tair and impartial consideration desirous of getting fit at at the truth of at the whole mat mat- matter matter matter ter and at the exact questions question of 01 law Involved in ItI am of at the op opinion olon that both motions should be ov overruled Judge Cherry on OB behalf of ot the pria- pria oner oner- oner We oner-We We take exception to both Prosecuting Attorney Howat rising It If If the court please I now move t for r judgment the verdict A deathlike silence prevailed as Judge locking across at the prisoner said alii in a strong trong tone of ot voice Charles T Tui de stand land up Thiede trembling like Uke an aspen leaf at once obeyed the th command The court Have asked a ked Have you any any- anything anything thing to say eay ay why the sentence of at the court shall hall not Dot be pronounced against you The prisoner ner appearing half baIt not Dot seem eem quite quit to understand what was w said aid to J Judge udie Bartch repeated I the question All AU I have got cot to say ay responded Thiede in H a hesitating faltering v voice ice is ie that thai I am not guilty of ot the charge I am charged with G God a in heaven knows 1 I am not guilty The man who did hie it is i the only one under heaven that knows known 1 I am not guilty Stretch Stretch- Stretching ing ing forth his bie hi rIght arm and aad pointing heavenward the prisoner exclaimed in io a loud voice I dODt know anything about it Only him who murdered my dear wife knows know I Iam Iam I am not gu guilty J y ut of the crime I am charged chaffed with As A Thiele concluded tb the last sent sent- sentence lent lent-enoe enoe ence he be spoke poke tremulously and tears i came into his hi eyes ey It looked for lor or a moment a as though he would woula break right down dowl but be he soon loon oon pulled himself him him- self if together again and nd listened atten atten- attentively attentively for tor what bad bd to te follow nave Have you anything any further to sal asked ked the court deliberately N No 0 WU was wa Thiede's feeble response Then Judge proceeded to pronounce sentence He Be You said oaid Y ou were indicted by tb the grand Jury ot of this judicial district for the crime of 01 murder In the first fi rat degree you have bave been tried by a jury iury in tb the manner by law Jaw and nd found guilty ot of that crime The penalty fixed by the statute for the crime of ot which you have bave been convicted is i death his must be inflicted either b by bang bang- bangIng banging ion baag-ion Ing you by the neck until you are dead or by shooting booting you you-at you at your dis- dis discretion dis discretion Which moue roue of ot death do you elect shall ball be Inflicted upon you Thiede momentarily turned very pale and aad answered in words broken by inward emotion It If you think you have bae strength enough in your own heart beart to put an innocent man to death I will leave it to you ou Judge You Bartch You will leave it to the cour court then Thiede merely answered yes yec Jud Judge e Howat l Howat 1 think thick the defend defend- defendant defendant defendant ant should elect or refuse reluse to elect Judge Do Bartch Do you refuse to te elect which mode of ot death shall hall be pro pro- pronounced pronounced pro against you I Thiede-I I will leave it to you Judge Well Bartch Well WeIl do you still till re- re refuse refu tUBe fuse e to elect which Yes Ye Thiede Yei sir ir I Judg It Judge U It I is the be Judgment ent of 01 e Ua be ba b taken kea from frem tre hence to come place of ot poo- poo con confinement 1 until Tuesday the day I of December 1894 1194 and between between n f th the hours hour of ten o'clock in the forenoon ot d that day and two o'clock in the after after- afternoon afternoon noon nuon of laid said last las named day in the yard of the jail juil j ail or place where you are confined or in some lome other o her ber place pro pro- provided vided within this thie judicial district you yoube be banged by the neck until you are dead and may God have bave mercy on OD your The prisoner then sat at down and big tears tear coursed down bl his hie cheeks cheeka Judge Cherry broke the silence by saying saying-If aying If the court please plea e we desire to ask aak tor sufficient time to prepare a Dill of exceptions We desire to take this case to the Supreme Court of the territory The court granted thirty days day with which counsel expressed himself satis- satis satisfied Oed Oed fied The condemned man was wai at oace once removed to the cae cage ca e in the mar mar- marshal's mar mar- hali quarters quarter and there remained I bout about au hour bour To the court reporter J Jot j ot of the News he repeated his bi former ormer B a of ot innocence and declared j that the real murderer of ot his bie wife W was wasat J Jat at this thia moment momen stalking around He knew koew he be could soon oon find him bim he b said It if he be could regain liberty for tor a short time lime and stated be he was wai sure Bure ure that the truth would yet prevail Little who Annie Annie who Jim all 1 now staying with the mother of Attorney C O o W was ws wai not in the courtroom this morning but she be bad had an Inter Inter- interview Interview view with her ber father jus just juit alter after the th passing of 8 sentence W When ben Informed 1 of 01 the result the child sobbed lobbed IS as though her ber heart would break and himself abed copious tears tearl The parting was wae wa a sad Bad ad on ones one as Thiede bid his bli little girl good good- good bye good 78 before belor bin bia removal to the penitentiary Judge Cherry this afternoon applied d J to that a transcript of qt ui We J official l reporter reporters reporter's notes note taken takeD at the be th i trial ef t Charles Charlea Thiede for use uie in the th 1 appeal appal to the Supreme court b be md made at the expense 8 of ot the Territory and Judge Bartch so eo o decided 1 It was waa further ordered tha that the po ap appeal J i peal Ithe iLbe operate aa as a stay of ot proceedings proceeding on i the J Judgment until such appeal I ii Is dl die die- die j posed pod of j The Cheyenne Leader says lay ay From the office of ot the collector of f t Internal revenue it la Is learned that the sale aJ ale of the new revenue stamps for tor playing cards authorized by the Wilson bill bUI tooted up for tor the district of ot Col Col- ColoradO Colorado Colorado orado and Wyoming on O October tober 1st Since that time dime a ft great many more have be been sold Old and it is II not Improbable that by January 1 1895 1893 the total to-I sales salee will Mi-will will amount to Ac As each stamp calls for 2 cent cents the government b has already realized realised 2615 from this source Deputy Sheriff Hickman says ay the N Courier made a very vary cevet clever capture of at a horse hone thief ahlet the other 1 night in the arre arrest t of at one ODe Martin Martia who claims to hail from Iowa In the earl early part of last lait June Martin was WI wa working I on a 8 ranch in Tooele county and stole a horse bone saddle addle and revolver from Own fro Owen Bennion of Vero Vernon n H He Came Cameto oa eto to t 18 c county and Went to work for Painter Bro Bros herding sheep beep He came tp to t town Tuesday to get hs h's h money for Dr hie su uner work we rk bu but bud was wai f ly the lie eve watch eve uL Kick a He e eh h all b the rs is IJ hi pose OI o when arrested |