Brock murder 30 May 1864 sentenced

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Brock murder 30 May 1864 sentenced - yes-terday-in THE VSTTFE MX7&RER. John Brock...
yes-terday-in THE VSTTFE MX7&RER. John Brock Sentenced io xninj Years in the State Penitentiary Indictment Against City Officer Officer Other Matters. The Criminal court, pursuant to ad journment on Monday evening, met yesterday yesterday at 10 o'clock a. m. James Anderson, colored, convicted of embezzlement, was brought into court and was sentenced to twelve months in the State penitentiary, John Brock, the white man who was convicted of murder in the second degree, for killing his wife, was brought into court for sentence. Solicitor Waddell arose and stated to the court that he un derstood that the attorneys for Brock had decided to withdraw their motion for a new trial, and he therefore prayed the judgment of the court. P. B. Manning, Esq., addressed tne court and stated that under the circum stances he and Mr. Herbert McClammy, counsel for Brock, had decided not to press the motion for a new trial. If a verdict of murder in the first degree nau been rendered they expected to press for a new trial, but, as a verdict of murder murder in the second degree had been found, his counsel had decided . after due consideration, consideration, to withdraw the motion for a new trial. This determination had been reached by . them only after carefully thinking over the matter. It may not be proper.said he, to state all the reasons for withdrawing the motion for a new trial. He said the Judge and Solicitor had been unusually fair, and therefore but little ground was left to stand on tor such a motion. Furthermore the counsel f nr t.hfl nrisoner did not care to take upon themselves the grave responsibility pf again placing the life of the prisoner in jeopardy. He desired, however, to say a few words towaras mitigating me iudzment of the court. He asked the court to take into consideration that the witness upon whose testimony the pris oner was convicted was the most youth f ul that ever testified in this court, and therefore that improper influences might have been brought to bear upon him There is a general impression in the city, said Mr. Manning, that John Brock is a desperado but those who know him best do not give him such a reputation, It is true that he was one of the unfortunaets who drank but he. is not the onlv man who does and not the only one who is considered violent when drinking. Mr. Manning appealed to the mercy of the court and related a touching incident about a sol dier who was a habitual violator of the law, and who after many court martials was before the court again and was sim ply "forgiven," as there was nothing else to do. That kind act touched and reformed the soldier, and accordingly Mr. Manning asked this court to "tem per justice with mercy" remembering that it is as blessed to him that giveth as to him that taketh. Solicitor Waddell said when he learned that the defendant's counsel had determined determined to withdraw the motion for a new trial, he had thought he would not say anything as to the judgment of the court, but in yiew of the touching appeal of Mr. Manning, whose remarks now, as well as during the trial of j this case do him much honor, the Solicitor felt it his duty to have something to say, He admitted that the jury felt some reasonable doubt that the killing in this instance was without that deliberateness that the law defines in murder in the first degree, but the circumstances make it one of the most heartless and cruel butcheries that he had ever known of. All the circumstances the body crumpled up in the hole where it had been stamped in the mud made it a cold blooded murder. The Solicitor saidAe did not want to appear in the attitude of opposing the god-like god-like god-like mercy so beauti fully spoken of by the prisoner's counsel but he must insist upon the full penalty in this case. The prisoner, said he, may thank the jury and his God that his neck is not to be broken. Judge Meares said he had learned long years ago not to put any confidence in the testimony of a person accused of a serious offense. Not only the over whelming majority of men will swear to a lie to save their lives, but in a civil ac tion where only a few dollars are involv ed many win perjure tnemseives even men who can prove a very good charac ter at home. The court, he said, places no faith in Brock's statement in his own behalf, and does not believe it a true one. The judgment of the court is that the prisoner shall suffer the full penalty of the law. He is therefore sentenced to thirty years imprisonment in the peni- peni- ltentiary, The penalty for murder in - the second degree is from three to thirty years im prisonment in the penitentiary. It was just twenty minutes to 11 o'clock when Brock received his sentence. He re- re- mained seated and was seemingly as stolid as a stone statue. He didn't offer to say a word. Immediately after re ceiving his sentence he was hand-cuffed hand-cuffed hand-cuffed and carried back to jail. is

Clipped from The Wilmington Messenger30 May 1894, WedPage 4

The Wilmington Messenger (Wilmington, North Carolina)30 May 1894, WedPage 4
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  • Brock murder 30 May 1864 sentenced

    Brock1488 – 29 Dec 2013

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