“Why, to fire both barrels of the shotgun into her at once. That would have stopped her blabbing tongue. But one of them missed fire.”
After this, Meyers, without displaying the least compunction of conscience, told the entire story of the murder, claiming that he and Bonacina had quarreled, and that after killing the man he had been so excited that he did not know what he was doing, and hence had made an effort to finish Mrs. Newton as well.
It was after daylight when Pueblo was reached, and the return stage was soon ready to start for Denver. Cook had already been two nights without rest, devoting the first to searching for clues and the second to the journey and the arrest of Meyers. He was already pretty well worn out, but he did not have time to rest. One more day and night of hard work was before him. There was but one additional passenger on the coach, Capt. H. L. Thayer. During the night, Cook rode with his derringer in his hand and sat on his other pistols that he might have them ready for use at a moment’s notice. He had been so long without sleep that he feared that he might drop into a nap at any time, when he could expect nothing from his prisoner less than an effort to get away and a probable attack upon himself. But the journey was devoid of more than ordinary interest, and Meyers was early Monday morning locked up in the Arapahoe county jail to await his trial. The capture was speedily and well executed, for which Gen. Cook was generally complimented.
CHAPTER XXXVI.
MRS. NEWTON’S ASTONISHING RECOVERY—MEYERS’ TRIAL—A STUBBORN FIGHT FOR HIS LIFE IN THE COURTS, AND BEFORE THE TERRITORIAL EXECUTIVE—ALL TO NO AVAIL—THE PRISONER SENTENCED TO DEATH—COOL CONDUCT UNDER THE SHADOW OF THE GALLOWS—A FULL DYING CONFESSION—THE EXECUTION.
Mrs. Newton rapidly recovered from her wounds, much to the astonishment of her physicians and of herself, and by the time that the trial of Meyers for the murder of her brother came on she was entirely well. Meyers was indicted for murder by the grand jury which sat subsequent to his arrest, and on the 5th, 6th and 7th of February, 1872, he stood his first trial. The jury were out about three hours, when they returned a verdict that the prisoner was guilty of murder and that the killing was premeditated. A motion was at once made for a new trial, and it was granted by Judge Wells, before whom he had been tried. The second trial was set for the April term, 1872, but a continuance was granted on account of the absence of important witnesses. The case came up for second trial on Monday, October 21, 1872, and on Wednesday, October 23, a verdict of murder in the first degree was returned. In all respects the trial was a fair one and it was conducted with marked ability on both sides.
On the 30th of December, 1872, Meyers was brought into court, before Judge Wells, for sentence. When asked by the court whether he had anything to say why sentence of death should not be passed upon him, he replied that he had not, and the court then delivered the sentence, which was that Meyers should be hanged on the 24th day of January succeeding. The scene in the court room when the sentence was pronounced was very affecting, the judge and members of the bar who were present betraying visible signs of agitation. But Meyers preserved the same air of indifference which had been so frequently remarked during the progress of his two trials. Although his appearance was haggard, and his pale countenance and emaciated frame showed signs of internal suffering, yet he kept up a brave front and appeared to be undaunted by the terrible doom which stared him in the face.
Every effort was made by the counsel and friends of the man, of whom, considering the heinous nature of his crime, he developed a surprising number, to obtain a writ of error from the supreme court, but all failed; and then the friends turned their attention to the territorial executive. Gov. McCook was at that time governor of Colorado, but was absent, and Gen. Frank Hall, being territorial secretary, was acting as governor. Upon him, therefore, devolved the responsibility of deciding upon the question of immediate death or prolonged life for Theodore Meyers. The most touching overtures were made to him, but he remained as firm as a granite wall, saying that the courts had passed upon the matter, and that he could not interpose except upon the recommendation of Judge Wells, who refused to take any action in the matter.