The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-10-07
That's what Judge Peasants
has been Engaged in
To-day.
The Three Westphal Burglars get &C
Years Each--the Full Extent
Of the Law.
ALEX. VALENTINE Is DIsCHARG
ED AND Is THEM ARRESTED
FOR THE MURDER OF NELs.
N. STARK, AT ORION.
Other Criminal Matters of Less I'm
portance.

To-day being the last day Of the Septem-
Der tern. of circuit court the prisoners
convicted were brought before Judge
Peasants to receive their sentences. The
first batch brought up consisted of Edward
Westphal and his son Isaac, who had
pleaded guilty to burglary. Every reader
of THE ARGUS is familiar with the horrible
details of this case-in which it was the
intention to chloroform and rob Adam
Westphal and his wife, and then burn the
house with the aged couple in it.
VIM. Smith. Esq, of Orion. attorney
for the prisoners, read half dozen
af6davits from people who live or have
lived in the vicinity of the Westphar
the object being to show that Isaac West
phal was weak minded, foolish. easily per-
suaded to do anything, but still was not an
idiot He also attempted to convince the
court that Ed. Westphal Was drawn into
the plot aud that some other person
meaning Valentine) had first mentioned
the matter to him, and had visited him six
times before he could persuade Westphal
to take part 10 the burglary,
States Attorney Parmenter and VIM
jackson, Esq. both exploded this state
ment, and they both argued that both the
prisoners, Edward. at least, should re-
ceived the full extent of the law, and
the former stated that, according to the
statute, if they were sent up for 20 years,
| and during that time should conduct them
selves properly they would be allowed s
years and IL onths good time thus get
ting their liberty again in ii years and
8 months.
The court then asked the prisoners if
they had anything to say why they should
not be sentenced. Edward Westphal re-
piled. Il don't wish to say anything-I
agreed to leave it with the court, and
have nothing to say" The boy ;also said
Il have nothing to say" In giving his
sentence Judge Peasants spoke substan-
stantially as follows:
| There is always conflict in the mind
'ef the court when defendants plead mot
guilty" to a charge and are convicted, that
there may be some truth 10 their defense,
but when they plead guilty that doubt
is removed they acknowledge everything
charged in the indictment. This is ID
most remarkable case and have no recol-
lection OF ever hearing one like it before;
it is an offence Of the most fearful char
acter, one which hardly admits Of mitiga-
ton; it is one which is medisated; one
where perpetrators have had time to re-
fleet, and do not act on the spur OF the
moment; one which, If committed, they
knew the consequences oi. The charge
embraces every element Of crime which
could be admitted under it. The primary
object was money-and meaner and worse
than simple stealing was the breaking into
the house at night and 10 obtain it BY
the highest crime-that OF murder, and
then commit arson to coyer up the crimes
of robbery and murder. The parties tc
be robbed and murdered were people who
i should have appealed to your sense OF
humanity-two old people, and of the
E same blood and relation; it is fearful
! the worst case of this character [ ever
: experienced The penalty is fixed BY
s the law at 20 years 10 the penitentiary
a but all fair minded people would be gaG
r to make this case for life. The ples
: that a third party first mentioned this
: crime to you makes very little difference
As to you, Isaac, would be glad t,
consider the affidavits read this morning
as compared with the crime of your
father-not that l should make you
> punishment less, but that ] could make
, his punishment more. ] do not be
: lieve that you are a person of strong
mind, but how far your weakness
exists do not know; both of you certainl,
i know that. under the law, you were doins
D wrong. You both plead mot guilty;
n then you plead guilty" and confessed Il
y the fearful charges 10 the indictment
therefore do not think ought to conside
these affidavits. as making any materia
difference in the case. The judgment O
e the court is that the defendants be conf
O ned In the penitentiary at Joliet for th
. term of 20 years each.
Both prisoners were pale aud appeare,
s anxious to have it over, but took their sen
d fences with indifference.
|. They were taken back to Jail and Jacl
! Currants, another of the same gang, wa
brought into court.
g lie made the following statement: Tn
plan of murder and arson was given up a
:: the gate before we went into the house
;, the kerosene and rags were to make
: torch, and the corks were to be used tt
u black our faces; Valentine induced me t
!; 90 into the matter; he said, on the nigh
of the burglary, before we got to tn
house, that he had grudge against
certain party and after this thing 9TH
burglary was committed he would b
s. even, and would have his revenge.
y The court; Then why did you do it?-
IF didn't you suspicion something wron
>, hen?-that In this instance there was q
, honor among thieves? That is all bosh-
% you have made mistake-both now an
T. when you was on the witness stand
D. Then, instead of making amends for th
d fearful crime you intended to comm
> you shielded yourself behind th
: privilege of witness-answering nott
" ing to convict youself. But when you
e. had done that you had already told enoug
Il. to convict yourself. On the night 20
m showed yourself the leader of the part,
If you had no intention to murder why di
~ you have revolver 10 your hands and ;
ne the first intimation of resistance attem,
lis to use it and have terrible struggle wit
=, the offcer2 This is horrible crime. an
if life has any charm for you you ought .
feel grateful that YOU are not here #
murder. and that you was not killed tn
hv night. | do not see the slightest excu
D for the court TO extenuate your punis
H. meut, for / believe you have shown
go capability of crime almost without limi
of The judgement of the court is that you
& confined in the penitentiary at Joliet fl
:. the term of % years, one day in solitaT
y! nnnfinment and the remainder of time