33["The Broome Murder", The Western Mail (Perth, WA), Saturday 25 November 1905, page 37]




The point reserved at the trial at the last Criminal Sessions, that there was not sufficient evidence to warrant the jury in having found Charles Hagen, Pablo Marquez, and Simeon Espada guilty of the wilful murder of Mark Liebglid at Broome again came before the Chief Justice, Mr. Justice Parker, Mr. Justice McMillan, and Mr. Justice Burnside in the Court of Crown Cases Reserved on Monday.

The convictions against all the accused were upheld.

Mr. Justice Burnside sat in the Criminal Court for a brief space of time on Tuesday to pass sentence upon certain prisoners found guilty at the recent sessions, but, for various reasons, remanded. The sensation-hunger that ensures an attendance of some sort at any sort of court had the spacious apartment unwholesomely crowded half an hour before the time appointed for the sitting. For it was Judgment Day, and, further than that, the Broome murderers, Hagen, Marquez, and Espada, whose, convictions had, on appeal, been upheld by four Judges, were to come before the Court.

The Assistant Crown Solicitor (Mr. A. Barker) appeared for the Crown.

A hush deeper and more solemn than usual fell upon the court when, after a whispered consultation with his Honour, the Associate called the names Charles Hagen, Pablo Marquez, Simeon Espada. Representing three distinct races, the adjudged partners in crime entered the dock apparently unmoved, the white man leading, the diminutive yellow man in the second place, and the black man last. Hagen looked carelessly around so much of the court as was before him, but the other two gave their attention wholly to the Bench.

Mr. Haynes, K.C. and Mr. Canning appeared for Hagen, Mr. Purkiss for Pablo Marquez, and Mr. Penny for Simeon Espada.

His Honour having directed an interpreter to convey the sentence to Espada, addressed the prisoners in the following terms:--"The jury have found you guilty of the wilful murder of Mark Liebglid. The law empowers me to pass the death sentence upon you. Before I pass that sentence, let me warn you that you should not build any hopes on the possibilities of the future. The crime which the jury have found you guilty of was one of deliberation, and was carried out with determination and with apparent regardlessness of the consequences. The sentence that the law pronounces upon you is that you be returned each of you to your former custody, and that at a time and place to be appointed by the Governor-in-Council you be hanged by the neck each and every of you until you be dead--and may God have mercy upon your souls."

The sentence was delivered in absolute silence, except for a stifled cry uttered somewhere in the back of the court as His Honour produced the black cap emblematic of the dread extremity of human law. As the constables directed tile prisoners to stand down, Hagen attempted to beckon Mr. Haynes to the railings, but just at that moment the counsel, with his back to the prisoner, rose and left the court. But for the slight disappointment evinced by Hagen as a result of this incident, the three men left the court dock with little visible concern.