MURDERER’S CHOICE

Southland Times, Issue 18964, 11 June 1923, Page 6

MURDERER’S CHOICE

DECIDES HIS OWN FATE. AMERICA SETS PRECEDENT. For the first time in the State of Ohio, America, a confesaed murderer has had hit choice of either death in the electric chair for hia crime, or life imprisonment in the State Penitentiary. In Common Pleas Court in Canton recently, Judge Kirchbaum found Jose Fernandis Ferry guilty of murrler in the first degree for the slaying of Mrs Elisabeth Rich, and announced that the prisoner could have his choice of death in the electric chair or life imprisonment without hope of pardon or parole. Ferry, without hesitation, accepted death as his fate. As soon as his decision had become known, his attorneys went into conference with him ip an effort to save his life if possible. In the belief that a change of mind might come from a further contem--1 plation of bis selection, Judge Kirchbaum ordered the defendant returned to the county gaol to “think about it over night.” Ferry, who had experienced a change of mind during the night, was brought into court in the morning and sentenced to serve the rest of his natural life in the penitentiary at hard labour The Court also imposed the condition that, beginning on the anniversary of his crime each year, he shall spend an entire month in solitary confinement. Under the sentence imposed there is no hope of pardon or parole. In finding the defendant guilty of murder in the first degree. Judge Kirchbaum read an opinion that indicated much thought and careful preparation, placing himself as near, ly as possible in the position of a jury. The Court weighed all the facts with thr utmost care before announcing its decision. In deciding to extend mercy to the defendant, the Court took into consideration the prisoner’s extreme youth (Ferry was barely 20 years old when the crime was committed), the fact that hi# record before the shooting was clear with the exception of his relations with the slain woman, the fact that he was a native of Southern Spain and was hot-headed, and the fact that h« was a good worker and paid his debts