THE JUDGE'S MISTAKE.
Botteewick was telling me the other day of rather a curious little difficulty that they were having in one of the lower counties of the stato. A man named Mot 6 was convicted at the August term of tho court in last year (1875), and when the judge came to pass sentence upon him he said: " And the sentence of the Court is that you be taken from the county prison upon the 15th day of September, eighteen hundred and seventy four, and be hangod by the neck until you are dead," .Neither the judge nor the counsel for the prosecution noticed the mistako at the time, and it went upon the court records. A few days afterwards somebody mentioned it to tho sheriff, and that official was immediately thrown into a quandary. Ho concluded to go around and sound tho prisoner concerning his views of the matter. When he entered the cell ho said: "Mr Mott, do you understand precisely whoa you aro going to be executed p' 1 - Mott— "Yes, sir: I am goiDg to he hung on tho 15th of last September, nearly a year ago." Sheriffl see you grasp the situation, Mr Molt. You are. probably awaro that, although I am willing ana oven anxious to do my duty, I am unablo to carry out tho orders of the Court respecting you. I want to hang you last year, but I don't see how in I can do it, do you P" Molt—" I haven't thought much nboutit. I'm in yonr hands." Sboriff—" Well now, I'll make you an' offer, b'poso you agree to waive formalities and consider that you havo been reprieved for a year. How does that strike you ? You let mo shufflo you off the 15th of this September, and relievo my mind. This thing's annoying me the worst kind, and I thiuk you ought to be a little accommodating to a man who's always treated you well. Come now; I'll give you roast turkey every day, right straight along, if you'll say yes," Mott-" Somehow, it don't strike me. I want to oblige you, but the law says I'm to be hung last year, and I think I must insist on that. .Not that I care so much about myself, but you know it is very important that the proper respect should be shown to the law." Sheriff—" That's true. But tho deuee of it is that if tho Court says you shall be hung last year it seems to me that you ought to be virtually a dead man now, and my instructions don t authorise mo to feed a corpse in gaol. I think I'll have to cut off your rations if you won't consent to have that hanging.". Mott—"- If I'm dead the law coinpols you to hand my remains over to my relations, and why don't you do it ?" Sheriff—"That's so! This thing is getting worso and worse. Blamed if I know how to get it straight. I'll tell you, though, how we might fix it. S'pose'n you go and murder somebody else, and Til hang you for that! Splendid idea, ain't it? By George, that's the very thing! Now when'Jl you doit?" Mott—"l might blow out ;your brains, maybe, to oblige you." Sheriff-" Well, I guess, perhaps, on the whole, we'd better not try that plan. Can't you think of some other way?"' Mott—"Can't think of a thing. I'm one of those patient men who'are never in a hurry with such things. But, do you know, I am perfectly willing ■ I to wait for time to develope something ? There's no use getting worked up about it. Let's wait until September, 1874 comes around again." Sheriff—" You, might, maybe, get your lawyer to petition the judge for a new trial. What d'you think of that ?" Mott—" It don't strike me worth a cent. He's too busy, and I hate to bother him any more." Sheriff— " Or you might take poison, and save tho expense of putting up a scaffold. You're a tax-payer, and it'll be money in your pocket to step out with a dose of cheap • bug poison. Now you'll take it, won't you ?" Mott—" N-n-no, I hardly think I will. I'm so much interested in this case that I feel s if I'd like to slay and see how' it turns out." Sheriff—' 1 You're the most disobliging man I ever oame across. I think you might help a fellow through a trouble like this." Mott-" I'm sorry, but I have conscientious scruples against interfering with tho dutios of a public officer.'' Sheriff—"Oh, very well, then, let it alone; but durn mo if I don't roust around and get an Act of Congress passed making this year 1874 too, so's I can hustla you off. I wauted to make things comfortable for you, but you have't got any more consideration for a mau's feelings then if you were a horse. I'll fix you, old fellow, you see if I don't.' 1 Andßutterwick said that tho sheriff went away in a rage, and that Mott is still lying in gaol, cemfortablo and happy. It is an awfully knotty case, and I don't sec myself how they aro going to work it.—Max Adder.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/THA18761110.2.18
Bibliographic details
Thames Advertiser, Volume IX, Issue 2467, 10 November 1876, Page 3
Word Count
878THE JUDGE'S MISTAKE. Thames Advertiser, Volume IX, Issue 2467, 10 November 1876, Page 3
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.