The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1888-03-16

there are many elements in II that have
appealed to the sympathy Of tile cour,
and have, no doubt, appealed to that o.
the jury and of those who heard you,
trial. yet there was sufficient evidence
to 70 to the jury ~ to whether you were
a sane man and whether or not at the
time you committed the act you knew it,
wronRfulness. There was your threat
the previous Wednesday night. threat
OH Saturday afternoon. your talk Will,
Your son Charles at 2 o'clock OH the after.
nom ofsunday, the day on which, this
homicide occurred, your going up stair.
immediately after that threat and load
ing the revolver. All these were before
the jury, and whether there was sutfi'
cient evidence 10 show that there was a
spirit Of generalization and spirit Of
revenge from some real or fancied wrong
it is not for me to say; It has been passed
upon.
The only defense that has been urged
in your case il that Of your insanity. 1t
WAS contendcd by your council in their
closing remarks that unless the evidence
showed that you were insane there WAS
sufficient evidence tosl,ow that you were
guilty Of murder. That being the case,
really the only issue submitted to the
jury was the question Of insanity. The
question as to tito soundness Of your
mind at that time. and upon that point
the jury, after having hea,d the evidence,
have pronounced that YOU were sane at
that time, and think that if person in
your condition were to be excused from
crime, why most any person with pl,ysi.
cal weakness, and not liavin; q strong
mind could commit crime aud be OK.
cused, and that, l think is the extent Of
your insanity. l think you are a frail
old man. think your mind is not of
that strong character that is possessed by
many men, but do think that the owl
dence showed that you were possessed. as
our statute expresses it, Of that decision
and knowing between right aud wrong
to know that you lad no right to use
that revolver ut the time you did. Gn-
less lave made u mistake or the jury
have made Il mistake, and an appeal is
taken to the supreme court aud your ca,cc
reversed and sent back for new trial, you
have but one remedy. II you are nh
insane man, the governor of this terrific
ry, under a section of our statute, IL au-
thorzed to send you to the insane asy.
um, although, you ara at Bismarck in
the penitentiary, upon satisfactory proof
10 him by the warden and others, and |
have called your counsel's attention to
that provision heretofore.
Were it true that you were insane at
the time of committing this homicide,
there is no reason why you should 10 at
large; there is no reason why you should
20 home to your family the place for you
is the insane asylum, instead Of the pen.
itentiary or at home, and hence. speak
ing now as to your future. ifsucl, is your
condition, l take the privilege. although
it is not made my duty, of notifying the
warden OF the circumstances of your casc
and asking him To watch you AMI care
for you; that, if in his opinion there is
evidence of your insanity, he can notify
the governor that he may send you Ia
the insane asylum. That is only ~ pre-.
.autionary measure. 1t is not because
believe you insane. Ii ! did l would
grant you Il new trial in moment, but
rs lave already indicated think that
you are accountable for your acts, and
should be punished. am saying this
because it is probably tho last time will
ever speak to you. This is your only
hope in life unless by writing to your
family, getting some reconciliation will
them, with your ncighbors anl you,
friends, you can get some interscssion in
your behalfan,l obtain from the governor
Il pardon.
There a.e many sal aud sympathetic
phases in this case. As indicated by
your remarks there was some trouble
growing out Of your financial condition
What ever it was, it is sufficient to know
that your family got deed of your farm,
it Is sufficient to know that the witness.
es upon your trial were a daughter
is years old, boy IS earf old and a SOL
II years old; that during the progress OF
this trial son % years old was in tile
court room, your wife was in the court
room, yet iurin. all the trial there wa.
not single friendly sympatllizer to sit
by you; they were at other places in the
court room and 80 far as have been able
to observe, 80 far US your own family is
concerned you have not had any SYM
patty or support; that before this homi-
eide occurred you were not treated at
home, so far us the evidence reveals as
a husband and father should be, with
the reverence that attach to that cl,arac-
ter.
| lam sorry for it, do not know what
the reason is; it is sad; it touches the
sympathy and the heart, but the court
would be weak. and the jury, that would
allow this to influence them in their
Judgment. Notwithstanding my feelinga
have been greatly enlisted in your he.
hall, know of no reason, believing that
you have had fair trial. why the sen.
tcnce of this court should not be pro.
nounced.
The sentence Of this court is that you
be imprisoned, according to the verdict
of the jury rendered in this case, al
hard labor in the territorial penitentiary
at Bismarck during the period of your
natural life.
Tho Pembina Building and Loan
Association.
The number of people WHO understand
the workings of this institution is 30 lin
tied that all article explaining tho same
will not be out Of place here, and may
We hope, prove to be Of value to many Of
Our readers.
The Pembina Building and Loan Asso
citation is chartered under tho laws of til,
Territory Of Dakota, is controlled by it
own members, is run with the least pos
sibe expense, and is entirely co.opera
tive in plan. There are no expensly
Offices to consume the profits, as in tn