The Lone Train Robber

A man tried to rob a passenger train by himself. He shot the mail clerk through the face and the conductor through the arm. The conductor fired back and hit the robber in the arm, ending the attack. No money was taken. The territory's law made an armed attack on a train, with intent to rob, punishable by death. The accused says hanging a man for an attempted robbery, where no one died and he acted alone, is cruel and unusual punishment, which the Constitution forbids.