St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-11-20
BROWN AND KORAN.
Judge WiIkin Gives Each Seventeen
Months Hard labor at Still
water.
The Counsel for the State and for the PrIs-
oners Ask the Ciemeney Of the
Court

Brown and John Koran were arraigned for
sentence for the assault and robbery OF Rev.
DR.. Thomas, rector Of st. Pauls Episcopal
church, in the street near his residence, on
an evening IN July, 1888.
There we're present in the court room the
the aged father, mother and sister Of Ho-
ran and the faithful wife of Brown, and their
sorrow at being called to witness such 4 scene
drew general sympathy from the many there
assembled accustomed as they were for the
most part 10 the doings in a court room.
Hon. J. j. Egan arose and stated that the
prisoners had both been found guilty by a
jury, had been denied a new trial, and hRv-
ing appealed to the supreme court, that body
had affirmed the action Of the court below,
and be therefore moved their sentence for
highway robbery.
Peter Brown, pale and emacisted from
long confinement; was asked BY Judge VIII
kin IL be- had anything to say why sentence
Of the court should not be pronounced upon
him, and mOtiOned 10 his counsel, John D.
O'Brlen, ESQ. The counsel had nothing to
say against the intelligence Of the jury who
convicted the prisoners, but was certain that
matters outside Of the evidence adduced had
influenced their verdict. He wished the
court to consider, in giving sentence, to
what extent the jury bad been thus infu-
enced. There had been peculiar circum-
stances, both IA the record Of and testimony
given in this case. The Identity Of the pris-
oners had been evidenced by only one man
after .heir arrest nothing had devei-
oped in regard 70 the property taken:
they gave themselves up readily when wanted
for arrest and then and since bad stOntly
maintained their innocence. The prisoner
Brown was incarcerated in the county jail
July %, 1888, and had remained therein un-
tai the present time, period Of one year aud
bali, and had suffered more therein than
be possibly would at hard labor IN the peni-
Tertiary. The prisoner Koran had not been
imprisoned 50 long. but had been out on
ball. The counsel had enquircd into
Horsn's past life and found that he had
never before been guilty Of any crime, and,
except the usual wildness OF youth. nothing
dlsreputable had ever been laid at his door
until the present charge. II the full meas
ure Of the penalty or the offence was 70 be
melted out 20 these prisoners, be
asked the court 10 consider the
circumstances which we're favorable
10 criminals In such cases, viz: That no par
ticUlar violence had been used; that reck-
lessness OF deeply laid malicious intent had
not been shown, and that aside from the
character and profession OF DIR. Thomas, no
particularly aggravated crime had been com
mitted. The counsel further asked the
court In its sentence 10 set aside the fact
(from the character Of the defense that had
been forced to be made) that tdis was a his
torical crime or In other words a celebrated
case, in fixing sentence.
Mr. Egan then replied By stating that
there was no question that the prisoners had
not been found guilty by jury and this fact
placed him in this matter in q peculiar and
trying position. In the trial the prisoners
had produced important witnesses who swore
that ten minutes prior TO the assault
they were with them in a saloon. This time
was so close that It might have given the
prisoners the benefit OF a doubt in the minds
OF jury. He, the attorney, was sworn 10
maintain tie indictment found by the grand
july In this case, aud be had done So
Brown had been imprisoned one year and a
half in the county jail, aud Koran a shorter
time. and he considered the law had been
maintained without fear or favor. Brown
had wife aud child, aud Horau an aged
father and mother, and no criminal act had
ever been shown against them previously.
Brown had once before been accused of vio-
lating the law, but bad been tried and honor
ably acquitted, while be, the attorney, agreed
with MIR. O'Bren that Koran bad never been
guilty Of anything but being trife wild, as
is usual TO youth. he hoped the court would
be merciful to both, and inhIet as
light punishment is horrible. The supreme
court has held this case under advisement
for six months, which showed that there
were different quotations of law TO deter
mine In its decision, and though Rev. DR..
Thomas was not present, he knew that II he
were, that he would join him In asking the
utmost leniency Of the court in its SEN
tence.
Judge Wilkin In pronouncing sentence
upon Brown cited the full history Of the
crime committed. and Of the trial and
motions for q rehearing, in which be said
the prisoner had been given the benefit of
able counsel aud the full protection of the
law. The offense committed was the worst
known in the criminal calendar for
wickedness and GOODNESS. The attacking
of peaceable citizens In the night time with
force and violence and forcibly taking their
property, strikes blow at the safety of the
whole community. l therefore, sentence
you Peter Brown, TO hard labor in the state
prison at Saltwater for one year and five
months. II may be by good conduct therein,
and by thus commanding the respect of the
officials, aided by the home authorities, your
term may be shortened by executive elem
ency.
John Koran on being arraigned in
response to the question, If he bad anything
TO say why the sentence Of the court should
not be passed upon him, said that he was
innocent of the charge, and was given the
same sentence as Brown.