THE NENANA DAILY NEWS
Application made April 1, 1918, at the postoffice at Nenana, Alaska,
for eniry as second class mail matter, under the Act of March 3, 1879.
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SEGURA ms H
FOR KILLING HLEY
(Continued from Page One.)
was working a short distance away, j
quit their work and, spreading out, j
closed in upon Segura who, seeing j
escape was impossible, /threw up hisj
hands and said, “me no kill no
more.” He was taken into custody
and held to the grand jury. At the
special June, 1918, term of court,
at Flat, he was indicted and his
trial set for the 8th. day of July,
1918. The trial lasted five days and
the jury, being out four hours,
brought in a verdict of guilty as
charged in the indictment. On the
18th. day of July Judge C. E. Bun
nell. who presided at the trial, sent
enced Segura to hang or. the 4th.
day of October, 1918. From this
judgment of the court, Segura sued
out a writ of error to Alu> Jfcinth
Circuit Court of /*pf5?&Us. ■& San
Francisco. On October 89, 1919, the
appellate court rendered its de
cision affirming the judgment render
ed by Judge Bunnell. The writ of
error was heard before Circuit
Judges Gilbert. Ross and Hunt. The
opinion of this court, as delivered
by Judge Ross, is as follows:
Segura, v. Uunited States
Circuit Court of Appeals, Ninth
Circuit, October 29, 1919. No. 3288.
Before Gilbert, Ross and Hunt,
circuit judges.
ROSS, Circuit Judge—The plain
tiff in error was charged by indict
ment with the deliberate and pre
meditated murder of J. E. Riley,
known as George Riley, near the
town of Flat, on Otter creek, in the
Territory of Alaska, May 5, 1918,
of which crime he was convicted
by the verdict of a jury, without the
qualification authorized by the Code
of Alaska, to which a sentence to
imprisonment at hard labor for life
would have attached. Thereafter the
judgment of death was imposed l.p
on him by the judgment here
brought for review. Sections 1888,
1884, Comp Laws of Alaska, pp 648,
649. In the court below a motion was
made for a change of the place of
trial from the town of Flat, where
the court was held, to Fairbanks, or
some other place within tne Fourth
Judicial Division of the Territiry,
to be designated by the court, upon
the alleged grounds that there was
“reason to believe that an impartial
trial could not be had at Flat", and
that “the ends of justice would be
promoted by the- change”. The ad
ditional transcript that has been
brought here pursuant to the writ
of certiorari heretofore issued out
of this court shows that two affi
davits were filed in support of the
motion, one by the plaintiff in error
and the other by his attorney, ard
five on the part of the government,
all of which—in view of the fact
that the plaintiff in error is under
sentence of death—we have care
fully examined and considered, re
gardless of any technical objections,
and are unable to hold that the
trial court committed any error or
.abuse of discretion in denying the
motion, in addition to which it may
be said that it appears from the
supplemental transcript that the trial
at Flat actually demonstrated that,
while a number of persons sum
moned there as jurors disqualified
themselves as such by reason of
prejudice against the defendant to
the indictment, there was no diffi
culty in securing a sufficient num
ber of qualified jurors to whose
service as such no valid objection
was interposed, and no exception
taken to any action of the trial
court respecting them.
The only other point urged on
behalf of the plaintiff in error i3
that the evidence was insufficient
to justify the verdict that was re
turned, which point the record clear
ly shows to be wilhout merit. There
was evidence going to show that the
deceased was engaged in dredging!
for gold, and owed, among others, j
the plaintiff in error, the indebted- j
ness being for wood furnished by
the latter, and which indebtedness'
had existed, according to ;ht- testi
mony of the plaintiff in error, for
about two years, during which time
he had made many efforts tj col
lect it without success; the lee eased
refusing to execute to him any
paper acknowledging such indebted
ness, although verbadv promising
to pay it.
There was testimony given by a
witness for the government that,
soon after the killing the defendant,
when asked whether the deceased
was facing him when shot, answered
that he was; but the evidence on
the part of the government, includ-1
ing the testimony of the doctor who !
examined the deceased very shortly |
after he was killed, was to the effect
that all three of the shots were fired
into the back of the deceased, and
'that the front part of his body had
no bullet wound upon it, and that j
all three of the bullets lodged in'
the body, either one of which would
have proved fatal within a very
short time. And the witness Thib
ault testified to seeing the last shot
fired into the prostrate body of the
deceased.
Respecting the alleged premedita
tion with which the killing was done,
the witness Keen! testified that,
during a conversation he had with
*
i
CIRCLE
fiot Springs
Best of the known medicinal
springs in Alaska according to
U, S. Geological Report, 1917
First Class Hotel Accommodations
Terms $3.50 per day
Including all bath privileges
U. S. GEOLOGICAL SURVEY REPORT 1917
Mineral analysis of water from 3 Hot Springs most used.
PARTS PER MILLION
Circle Tenalcee Ckena
Silica (Si 02) .
Iron (Fe) .
Aluminum (Al) .
Calcium (Ca) .
Magnesium (Mg) .
Sodium (Na) .
Potassium (K) .
Carbonate radicle (CO 3) .
Bicarbonate radicle (HCO 3) .
Sulphate radicle (04) .
Chloride radicle (Cl) .
Nitrate (NO 3) ..
Borate radicle (B4 07) .
Total dissolved solids at 180 OC
Temperature (F) .
Chemical character .
a—E2 03 plus A12 03
b—Calculated
82. 94. 77.
1.3 1.0
3.7 2.4 al.2
29. 35. 2.3
2.1 2.8 1.2
248. 201. b94.
8.6 4.0 -
.0 24. 0.
173. 26. 118.
98. 302. 78.
252. 99. 26.
0. 0.
Present
816. 787. 388~
134. 106. 149. '
Na-Cl Na-SO Na-C3
l
i
Mail stage between Chatinika and
Circle, Alaska, connects with Cir
cle Hot Springs stage weekly in
winter; with mail stage from Cir
cle three times a month in summer
F. IVI. LEACH, Proprietor
-
the defendant, about March 1, 1918,
regarding the money due him from
Riley, defendant said: “I will kill
the s— of a b—” — the witness
adding: “The last words he said,
when he left my place, was that, it
Riley didn’t settle with him, he in
tended to kill him".
The witness Cadwallader also testi
fied that the defendant had express
ed to him a like intention; and the
witness Knutsen testified that, after
the deed was done, the defendant
referring to the body of the de
ceased, said: “There is my $",000.
It is worth $2,000 to- me".
Other testimony of like character
and effect was given by the witness
Matsen.
We are of the opinion that the
judgment must he affirmed. Ordered
accordingly.
At the trial of this case some
thirty or forty of Segura’s country
men were in attendance and closely
watched the whole proceeding. Se
gura was ably defended by Leroy
Tozier. An attenmpt to make a
plea of self defenses was of no
avail to the defendant. After listen
ing to the entire trial. Segura’s
countrymen who were in ali.er,dance
’•efused to raise funds to assist i.;m
upon his writ of error.
The mandate of the Ninth Circuit
Court, having been received by this
court, Judge Bunnaii, upon his re
turn from the Coas* :n January,
1920, fixed April 2nd. as the day
for Segura’s execution.
Efforts to have his sentence com
muted to life imprisonment were
made by local parties as well as by
countrymen of his in the States.
Pour Presidential respites were
made. By the first the execution was
deferred until July 1; by the second
until September 29; by the third
until November 29, and by the
fourth until January 15, 1921. On
January 13, 1921, the governor of
Alaska granted a reprieve untii
final action had been taken by the
President of the United States upon
the petition for commutation ol
sentence to be forwarded.
On the second day of March, 1921
President Wilson issued executive
order affirming the governor’s re
prieve, making order terminating re
spite noon, April 15. Judge Bun
nell, on March 31, 1921, issued war
rant of execution for April 15, be
tween the hours of noon and five
p. m., thereby making the court
order concurrent with the executive
order.
A final appeal for further delay
was made by wire on Wednesday,
and it was believed by many, al
most up to the hour of execution,
that the life of the condemned man
would be saved by executive order.
Eut the telegraphed appeal was un
answered.
Third Legal Execution
The execution of Seguia yesterday
j was the first hanging ever recorded
in the Fourth judicial division ar d
the third legal execution to take
place in the territory of Alaska.
Seven men only have b°en sentenced
to pay the death penalty.
HOMER BIRD
Bird was convicted December 6,
1899, of murder in the first degree
for the killing of ,T. H. Hurlin on
September 27, 1898, about 85 miles
i above Anvik, on the Yukon river,
and sentenced to be hanged. At
that time Alaska consisted of one
division only. The defendant having
sued out a writ of error to the
supreme court of the United States;
that court reversed the case and
another trial having been had, Bird
was again found guilty of murder
in the firsc degree and sentenced
to be hanged Another writ of er
ror to the supreme court having
been sued out, the judgment of the
lower court was affirmed November
17, 1902, and Bird was hanged at
Sitka on the 6th. dav of March,
1903. __
FRED HARDY
While the case of Bird was pend
ing in the courts, Hardy was con
victed September 10, 1901, for the
killing of Con Sullivan on Unimak
Island, and was sentenced to be
hanged. He also sued out a writ of
error to the supreme court and on
June 2, 1902, the decision of the
lower court was affirmed. Hardy
was executed at Nome on Septem
ber 19, 1902.
VUKO PEROVICH
Perovich was indicted for the
murder of .Jacob Jaconi and tried
at Fairbanks in August, 1905. The
verdict was that he was “guilty of
murder in the first degree and that
he suffer death". He was sentenced
to be hanged but a writ of error
having been taken to the supreme
court, such delays were brought
about that it was not until March
11, 1907, the supreme court render
ed its decision affirming the judg
i ment of the trial court. Everything
was in readiness for the execution
of Perovich, which was to take
place on February 1, 1908, when
President Roosevelt, on the last clay
of January, granted Perovich a re
spite until March 6, 1908, to give
his attorney an opportunity to pro
secute an appeal from the decision
of District Judge Reid, denying the
relief asked for under a writ of
habeas corpus. On March 5, Judge
Reid issued a stay of execution un
til the final determination of the
appellate court.
March 31, 1909, the final mandate
of the appellate court affirming the
district court’s decision, was re
ceived.
May 6, 1909, President Taft
commuted the sentence to life im
prisonment.
O. ITOW
i Itow, the Jap, was found guilty
of murder in the first degree and
sentenced to be hanged for the
j murder of Frank Dunn, on July 14,
1912. Although this case was taken
to, the supreme court, it was dis
missed on May 11, 1914, for want
; of jurisdiction. Thereupon a writ
, of error was taken to the Ninth
i Circuit Court of Appeals and, on
May 10, 1915, the judgment of the
lower court was affirmed. Itow’s
sentence was commuted to life im
prisonment by President Wilson.
j EDWARD KRAUSE
i Edward Krause, after having been
. tried for a series of criminal of
fenses and sentenced to serve some
fifty years in the penitentiary, was
tried for the murder of Captain
; Plunkett. Several other killings were
laid at his door. He was found guilty
as charged and sentenced to be
hanged. While awaiting execution in
the federal jail at Juneau, he made
his escape and, in being captured,
was, on May 15, 1917, shot and
killed by Arvid Fransen.
i WILLIAM DEMPSEY
i William Dempsey, alias William
I
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(Continued on Page 3)
WOOD
ALL KINDS
DELIVERED
ON SHORT NOTICE
Wood Sawing
A. B. FUNK
Leave Order* at Terminal
I
WE MAKE A SPECIALTY OF
OUTFITTING
Groceries and Provisions
Clothing, Hardware, Notions
FOWLER & MORRIS
ocooooooooooooooooooooooooooooooooooooooooocooooooooo
NENANA’S BEST APPOINTED HOTEL
Cooney Hotel and Annex
HOT AND COLD WATER AND BATHS
ROOMS SINGLE OR EN SUITE
COMFORT AND SERVICE UNEXCELLED
DOG BARNS
CONDUCTING
COONEY STAGE LINE
(8oii)«d Carrier)
OPERATING FROM STEEL TO STEEL
Connecting with All Boats and Trains
PASSENGERS — FREIGHT — PERISHABLES
Make Arrangements at Cooney Hotel
^ ^ I? R- ^ ^ It I? ^ If If If It If
If If
R STEAMER SAILINGS R
R (Arrive at Anchorage> R;
* *1
If IfRItltRRRRRRRRRRRR K
Alameda . April 19
Admiral Watson . April 14
Northwestern . April 29
Alameda May 10
Northwestern . May 20
Alameda, southbound, calls atj
LoTouche, Valdez, Cordova, Juneau,
Ketchikan. Northwestern, same ports.
;
Coast Train Schedule
Train leaves Gold Creek for
Anchorage on Sunday and Thurs
day at 1:00 P. M.
Train leaves Deadhorse for An- j
chorage on Tuesday and Friday.
Train leaves Anchorage for Sew- j
ard on Wednesday and Saturday at j
9:00 A. M.
Train leaves Chickaloon for An-i
chorage, via Eska on Tuesday, j
Thursday and Saturday at 7:301
Nenana Train Schedule
Trains leave Nenana for the end j
of steel four times a week—on I
Monday, Wednesday, Thursday and I
Saturday.
WANT ADS
FOR SALE CHEAP—Best garden in
Nenana. Six acres, with four un
der cultivation; wrell manured,
plowed and ready to plant. Also
2-room house, good cellar, good i
water, electric lights. Barn and j
shed; three tons hay, ten sacks
of oats; horse and wagon, plow,
harrow, cultivator, shovel plow:
two tons seed potatoes; all kinds
of tools. Must go Outside.
William Smyth
WANTED—Five or seven-dog team
and 10 or 12-foot sled, both to be j
in good condition. Phone or write
Charles Bates, Camp 313, care A.'
E. C.
DOGS FOR SALE—Inquire at the
Rust House. 3t
See The News for Carbon paper.
r,s. McDonald
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Only the most reliable companies
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JEWELRY
Watch Repairing
DESIGNING AND NATIVE
JEWELRY A SPECIALTY
WM. TAYLOR
Pioneers of Alaska
Nenana Igloo No. 17
MEETS AT UNION HALL
FIRST AND THIRD MONDAY
AT 8:00 P. M.
Visiting Members Always
Welcome.
Frank Rourke Geo. S. Smith
Secretary. , President.
Department of the Interior
Alssltaa Engineering Commission
NO.TICE
Schedule of trains, subject to
change without notice:
LEAVE NENANA for Healy on
Monday, Wednesday, Thursday and
Saturday at 8 a. m.
Returning leaves Healy at 1 p. m.
LEAVE FAIRBANKS for Nenana
on Tuesday and Friday at 8 a. m.
Returning leaves Nenana at 1:30
p. m.
NENANA LODGE No. 1193
L. 0. 0. M.
MEETS AT MOOSE HALL
Fourth and B Streets
SECOND AND FOURTH MONDAY
At 8:00 P. M.
ALEX FOWLER, ALF EKELANU,
Secretary Dictator