Omaha daily bee., 1888-12-29
Is YOUNG TURNEY A MARTYR !?
Communications From Two Iowans
Familiar With His Case.
THE OTHER SIDE OF THE STORY,
Tie Is Said 10 Have Been n Very Tough
Character and His Crimes De-
serving Of severe Pun
ishment.
Is He n MARTYR?

DEa MoINEs, Ia, Dec. 2S.--Te the Editor
bfTnE BEE ask the privilege of saying
somethng concerning the Turncy case. This
case is no exception, as you may surmisc, to
the rule that there are two sides 10 every
story. Having few months ago read every
paper that had been fled with the governor
In the matter at that time, / think | am iii a
position to speak advisedly thereof.
II is not necessary to traverse the state
mcnts concerning the boys earlier career,
his fathcrlcss condition, his flial devotion,
etc, although enough is known about them
70 show that the rose Colorcd picture Of your
correspondent is not warranted by the facts.
For instance, his father is yet living, or was
quite recently. II is only necessary for one
TO know the facts concerning his crimes TO be
satisfied that Chester Turney is not 1.-The
Door, innocent boyn that your correspondent
would make him out to be.
There were fourteen indictments against
Turney, his offenses consisting of burglary
and larceny. While in most instances the
amount he took was only trifiing, there were
two or three cases of quite extensive plum
dering. One prosecuting witness sworc to
losing $3.50 worth of property at his hands
And 1t is undoubtedly true that he was guilty
OF most If not all, of the otfenses with which
be was charged
That his trial was n travesty of the forms
Of Justice there seems to be little doubt
cases; and mis- attorney made 10 effort in his
behalf Turncy does not appear to have
been in the court room at the time of the
trial although it is claimed he was in an ad
Joining room, the door between which and
the court room was open so that he was cog
infant of what was going on. But, where.
sover he was at that time, he was
not so much prciudiccd by the
manner and circumstances of the trial as was
the county. 1t appears in. evidence that Tul-
ney's intention was to plead guilty to some
3 of the indictments, if not all of them. But
that would not have suited the district at
torney, who under the then existing statute,
got II fee of $50 for each conviction of felony
before jury, and only 50 in case of plea of
guilty. That functionary therefore, it is al
legged, entered into co!lusOn with Turney'S
lawyer, an assigned counsel, to have the lat.
ter enter plea of not guilty; thing not at
all uncommon in the practice before Judge
(now Congressman) Hayes, who quite gen
erally sentenced one who pleaded guilty
more heavily than one who made fight and
had jury trial. In this case, the trial con
before the grand jury read to the
petit jury. No witnesses were
called, and of course there was no cross
examination This was a mockery of the
forms Of justice unquestionably; but to what
end To insure the conviction of one who
was ready to plead guiltyt No; but to
Saddle on the county an additional cost of SIS
on each Indictment.
Had the accused been allowed to plead
guilty, he would hardly have received
lighter sentence than he did, as lntimated
above. Turncy Is therefore not suffering
unustly, although if his term OF imprison-
ment be protracted to the full extent of his
sentence, justice would doubtless be unnec-
essarIly severe.
Turney is guilty. He should receive some
measure of punishment and all he can re-
ceive is under the sentence he is now serving
out He cannot be again tried. Con-
eequently the executive prerogative must,
under the peculiar circumstances of the
case, be exercised to supplement the action
of the courts, and terminate the boys i'm
prisonment, whenever it shall seem that the
ends of justice have been fully met.
IOWAN