New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1880-12-08
FIVE AND A HALF YEARS.
That's What Judge Cox Gives W. c.
Duncan for Stealing Guth's Horses.
But Duncan takes Exception to the
Sentence and skipS from the
Custody Of Sheriff lander-
field at st. Paul.

The trial of w. G. Duncan, Tor lar
ceny, which commenced before Judge
Cox last week Tuesday, has resulted
in verdict Of guilty. The prosecu'
ton was conducted by B. F. Weber,
county attorney. in q very able man
ner, and the defense by Judge Hans
come, of st. Peter, and John Lind of
this city. The case W ent to the jury
on Wednesday evening, and a verdict
Of guilty was returned by them after
an absence of about two hours. On
Thursday morning when the prisoner
was brought into court his counsel
made motion in arrest of judgment,
which motion was denied by the court.
Def'ts counsel then gave notice OF a
motion for new trial and asked for
stay of proceedings until the decision
Of such motion. The court took the
matter under advisement till 1870 p.
m and then denied the motion for
stay of proceedings and passed sem
tence upon the prisoner as follows:
You have been found guilty of a grave and serious
offence against the laws OF this State, not however
until every effort has been exhausted by able ana
ingenious counsel in your defense You nave n;'d
in such defense able counsel, and your case mas
been managed as well in your behalf a. coua pos
sibly have been done by any attorney OF TINS c0r,
nevertheless the jury have found the facts against
you. The law in your case has asserted us supre-
macy no acts of violence have endangereuyour per-
son during your confinement and You can congrn-
tulate Yourself that you have fallen into the hands
of law abiding people and are not to-day Inc VIC
tim Of the wrath Of any outraged populace dlspens
ing with forces and executing vengeance apon you
for your oHense so often the case upon the western
frontier of our country. The jury VINO nave 80 de-
t.rmjucd your guilt was as intelligent and impair
tinl nody of men as ever composed jury IN any
county. The court exercise its authority dealing
lcniently with the admission OF testimony III your
favor and strictly and strongly against the prose
cuton- Every rational ana reasonable uoup' ~, Al
law has been awarded you by the court, ana oe-
cye the benefit of every reasonable dOuDt IN 1lct
given You by the jury. Their solemn Vetalct unoct
their oaths has been recorded That you w. Dun'
can are guilty Of the Otcnse charged against you,
that you have violated the laws OF thls STATE ana
sinned against it's majesty. more unplelsant
task has never fallen to my lot than winch remains
hold. The nrac ed law is not to be avenged in
any anger nor yet in malice but as punlshme"t1or
your ofense, Il warnlngto wrong ooers; an * tx;
ami pie to those no would trampe under loot the
rights OF society at large. Your appearance lndl-
cites that you have been brought up nor train
ed in the ways of evil, nor in the paths OF vice. In
teligent well informed, young m n OF ta!ent' OF
education, you of all should be the last to be
found i'm a prison cell. The excuse OF poverty or
ignorance is not yours yours Is the greater ac-
countability, your position demands the greater
nunishment Tor unto him to " HON much Is given
of him the same shall be required The frequency
Of the commission Of the offence with which You
stand convicted demands at the hands OF the Court
no lcniency whatever when sucha conVlcton taxes
Mace Tie offence is one in most all instances,
against the laburing working classes OF society,"
The farmer tolls by day and night to earn Tor MN
sell and HIS family snstenance, an" Just Mnen
his efforts begin to place him above absolute want
in the dark hour of the night his only mean" OF Sc
curing tho fruits OF his toll is snatc away IRON,
him and the results of his labor lost 10 MN '''u
perhaps to suf fering family. The law must AFFORD
him e. cry protection in the punishment OF oifend-
ers. 1t must him that hen resting rom tne
labors of the day in unconscious repose that MS
property is safe, his rights secure from the hana
OF those who W Guild modest. Iregret know OF no
single circumstance in your case extenuntlng your
otfense, it was evidently carefully planned ana
carried out with an etfronery perfectly amazing.
/ regret too, this unpleasant duty am to perform
and as simply the minister of the law, knowing no
friends to reward, no enemy to PUNISH sincerely
lamentins the fall Ofany fellow being, hoping that
still your abilities and talents make you an hon.
ored and respected citizen in the future must eX-
eCutc the stern mandate of an outraged la". Inc
sentence therefore of th court is Ihat you, W; y.
Duncan be punished by confinement at hard labor
in the State Prison of the State of Minnesota, at Still
water in said State for the period and term OF hVe
years and six months, and that you be now re-
manded to the custody of the sheriff OF the county
of Brown to carry into effect the sentence OF this
court.
On Saturday morning Sheriff Man.
derfeld and w. G. Duncan took the
cars for Saltwater, but, we are panied
to say, the journey terminated at St.
Paul, at least as far as our sheriff was
concerned, for Duncan declined to join
the zebra gang at Saltwater and gave
Manderfeld the slip. The Sunday
morning Pioneer Press gives an &C.
count of Duncan's escape, and charges
Manderfcld with careless negligence
and drunkenness, but not wishing to DO
injusticd to Mr.. Manderfeld we here
with give his own version Of the affair,
as published in the Dispa,ch: Mr..
Manderfeld states that on arriving at
St. Paul he went with his prisoner to
Montgomery's restaurant, where they
took dinner, at which he drank but
one glass of beer and cup of coffee.
After dinner Duncan requested to be
allowed to go to book store to get
some books, which he said he wanted
to take to Saltwater with him, To-
gether they visited three book stores
before the desired books were found.
On returning be met Officer DeCoursey,
and requested his attendance as far rs
tie depot.
The officer accompanied them nearly
to the depot when he turned and thank.
ed him for his courtesy and told him
he dio not need his services any long
er. He then put handouts on Duncan,
and on reaching the depot saw train
which he believed to be the Saltwater
train. He told Duncan to jump on,
which he did-he ithe sheriff. follow
ing him. Duncan, on jumping aboard,
ran through the car and leaped from
the platform. He requested the con-
ductor to stop the train, but before
this was done he (Manderfeld) jumped
off, falling in doing so. On getting up
he ran towards the river and looked
around in every direction but could see
nothing of his prisoner. -
Manderfeld admits that during his
walk about town with Duncan, the lat
ter was not handcuffed, but claims that
he did shackle him as above stated,
just before reaching the train. Man
derfeld publishes card in the St. Paul
VolkszeHung Of Monday afternoon, Of
ering 800 reward for the apprehen'
sion IF Dnncan. Init whv he ShOn1I