Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-07-17
OSWALD SENTENCED.
He Gets Twelve Years IN tho BIZ
marck Penltent,ary.

y
July IL being the date appointed to
hear the motion for new trial III the
Oswald case, Judge Mcconnell arrived
from Fargo on Mondays train and court
was rcconvened at the rink at o'clock
in the evening. Oswald, accompanied
by his brother and Sheriff Wagness,
came up on the same train. Deputy
Flumerfelt was at the depot with
horse and buggy, and the prisoner was
hurried to the vehicle and placed there
in. lie sat on the right Of the sheriff
and Deputy Fumerfelt occupied the
prisoners left knee and the shcrihs right
for seat. They were the first to leave
the depot, driving directly to the Jail
where Oswald was placed in the steel cell
which he occupied during his trial. AZ
ter hearing u few minor motions and ar
ranging for the business Of the term, the
court adjourned until Tuesday morning
ut $50, ut which hour business was re-
sumcd.
Oswald was brought into court ut $40,
accompanied by his brother, Henry Os-
wald, Jr., the only member of the family
present. The prisoner shook hands with
his counsel, Jas. +. O'Brien, and took II
seat beside the sheriff. Judge McCon-
nell requested the prisoner to stand up,
after which the court briefly rccited tho
facts connected with the indictment and
the trial. The prisoner was asked if
~ >tr,, .>f
court should not be passed.
Attorney O'Brien replied, stating that
the defense had concluded not to press
the motion fora new trial, but would ask
the lcniency of the court. Counsel had
known his client for three years last past.
The prisoner, counsel said, had come to
this country, like many young men, to
better his condition. lie had been un-
fortunate enough to fall in with evil as.
sociatcs, and becoming imbued with evil
habits he had indulgcd in proceedings
and cscapa,les not recognized rs being
consistent with the pcrpetuity Of good
morals. When sober Oswald was an
agreeable man and II pcaceablc citizen,
he became desperate and even danger
Gus. The crime for which the prisoner
was now to be punished was committed
when Oswasld was crazcd with liquor,
and while counsel did not plead in miti-
CATION Of sentence on this account, he at
least felt that there were cxtcnlating
circumstances which should be consid-
cred. He thought - few years would
| teach the prisoner his duty to society
and would DC quite as effective as an ex-
trcmc sentence.
| The court again requesting the pris-
| oncr to stand up, said in substance You
arc II young man. ! was raised in a
state where it is prescribed in the consti-
crimes shall be administered with view
to the reformation Of the criminal. There
are crimes, however, where there is no
hope. In murder and in treason there
is no safety to society. Your case may
DC said to come within this category.
Although there is no doubt us to your
guilt, yet the verdict of the jury was
manslauyhtcr in the first degree, and
am to assume that the verdict is right.
Under the law the minimum Of punish
Dlcnt for nlanslaughtcr in the first de-
gree Is four years imprisonment, while
the maximum is for life. 1t Itremains en-
tlrcIy with the court, and in your case
am seriously pcrplcxcd in deciding upon
the limit of time. have thought that
you deserve the highest and most severe
pcnalty. Again, have been told that
you were Il pcaccablc citizen when out
Of liquor. However all this may be,
your old parents arc cbrok enheartcd, and
you alone are to blame. The only words
your aged father ever said to me were,
'IDon't be too hard on my poor boy.'
1t was all he could say, and the words
are full of fmeaning to a thoughtful mind
Your mother appeared but once in this
court room during the trial-whcn the
arguments were made, and there is o
sore lesson for you in her bearing on that
occasion. Your uncle called upon me
in your behalf recently and said that you
had conducted yourself properly prior
to coming to Dakota, and that they still
have hope of reclaiming you to moral
paths and walks Of rcctitude. Your
brother has told me that in your boy
hood days your dcmcanor was the re-
verse Of the life you seem to have led
the two or three years prior to the COM
mission of this CRIME and all this has
had a deep impression upon my mind
On the other hand, here is society. The
law must be obcycd, and its majesty and
dignity must be protected. While feel
IL deep sympathy for you and u deeper
sympathy for your family, there is but
one duty for me to perform. Until now
] have not had an opportunity, and will
not have it again, to express my opinion
Of the line of defense sought to be drag
gcd into your case. For this Of course
you are not to blame, and it is not to be
considered in passing sentence. / refer
to the theory that McWccncy's
death was the result Of hcart-burst, and
regard the whole Of that part Of
the defense as a fraudulent proceeding.
] was heartily disgustcd with it at the
time, but was not then III position to
say so. 1t was bold thing to say, and
attempt to prove, that McWceney died
from the effects Of heart.burst. You
killed McWecncy that is all there is to
it. The hcart-burst theory cost the
county heavily, and that makes it
double wrong But as have said, do
not propose to be influenced by this
part Of the defense; it is the merest
balderdash. Considering all the circum.
stances, ] have concluded that twelve
years imprisonment would not be out
Of keeping with the crime you have
committed and the verdict returned by
the jury. ! therefore sentence you to
twelve years confinement in the pcni-
tentiary at Bismarck from today noon.
| Oswald stood with bowed head during
the delivering Of Judge McConnelrs re-.