His attorney put up the plea of temporary insanity. His arguments held weight. The plea was eloquent and logical, and probably would have been a deciding factor had not McKay himself, at the conclusion of the address, risen—and, to the dumbfounded court and attorney, refused to accept insanity as a defense.
The jury was out fifty minutes and returned a verdict of “guilty in the first degree,” and recommended the death penalty. All eyes were turned toward McKay, who remained perfectly emotionless.
The judge then pronounced the death sentence on James McKay.
The friends of McKay were surprised at the severity of the penalty. Especially dejected over the outcome were McFadden, a brother newspaper man; Kirk, an oil operator, and Barnard, a young Medic, for these three, with McKay and Larson, had formed what they termed the “gang.” Now one of the five was dead and another was sentenced to be hung.
They at once demanded a new trial, but it was refused. Scarcely could the men refrain from emotion when McKay asked them and his attorney to settle up his worldly affairs. As he was without a family, he willed all his property to his three friends, and even mentioned in some detail a few personal effects he wanted each to have.
Of all present, McKay was the least affected by the scene. His voice and movements were those of an automaton rather than that of a human being. Indeed, he was practically such and had been so since the death of Larson.
After attending to the last detail of his worldly affairs he rose and silently shook the hands of his friends. Accompanied by two plain clothesmen, handcuffed wrist to wrist, he left them and started on his last trip to Canon City. He had often visited that little Colorado city, and had spent many a pleasant time there. He requested the officers to drive down Seventeenth Street.
At one end was the golden dome of the State Capitol, brilliantly aglow from the crimson rays of the setting sun; at the other was the station, dark against the purple, snow-capped Rockies.
As he neared the station he looked long and sadly at the huge arch erected at the entrance. The word Mizpath was blazoned across the arch.