, 1889-12-05
SENTENCING SESSION.
Judge van0ssentsr Makes TsFsss
for Nine.
Seven Years for Judge John Drew,
the Burglar.

Judge VanDevAnter last evening passed
sentence on nine men convicted of vsri-
Gus crimes during the present term of
court. The court room was we'll filed
with citizens interested in the proceed
ings. His honor called upon each pris.
one for . statement. and made brief.
characteristics addresses to each before
passing sentrnce.
Burglar John Drew. the prison Attor-
ney was the first victim. He said that
be had entered a plea of guilty to the in
dictment against him with the idea Of re-
forming when his term expired There
fore he would ask for the clemency of the
court. Drew is v~iscious looking fellow
who has been adiudged by the officers an
old offender. The Judge talked to him
quite plainly; told him that there WA
no excuse for . man who entered the
house of another and removed all portable
articles on the premises. He said the
case was not one which seemed to afford
an opportunity for extension OF mercy.
The people would be safer with such a
man in confinement. Seven years for
Mr.. Drew.
Robert Smith stabbed Pat Lyons down
the road a few miles last summer and
Lyons was between life and death for a
fortnight. TIE prisoner was indicted for
assault with sttsmpt to murder and was
adiudged by the jury to be guilty of an
assault with granddaughter intended.
Judge Rowen made = talk for his client.
He urged that except the principals there
were no witnesses to the assault and that
while the sworn ~recitals of Smith and
Lyons we're in direct conflict the defendant
was entitled to belief until impeached.
In this case there was = possibility of
mistake. Judge VanDevanter told Smith
that he had been assigned competent
counsel and had been heard BY a jury of
bis countrymen. Events before and after
the assault had tended 70 throw descredit
upon the testimony of the defendant but
as the appearance OF the prisoner had
been in his favor, Judgment of the court
would not be harsh, though the o~ffenses
was extremely serious. Four years.
Chas. Berry is boy who was impli-
Gated in the Wilcox burglary. He lis
tened attentively 10 = fatherly admonition
couched in kindly terms. The fact Of bis
pleading drunkenness in extenuation was
dwelt upon. 1t had hsen intended 10
consign the lad to the reform school but
there was = doubt about his age. Thir-
teen months in Joliet was the sentence
and the little fellow burst into tears as he
sank back into his chair.
Harry l., Miller, principal in the Will
COX burglary, came e He is a fine
looking young fellow. Mr. Morgan ad-
dressed the court and said the case
smacked of mystery in many circum-
stances and while he would not presume
to express dissatisfaction at the verdict.
he could not help but think that his
clients protestations Of ~innocence were
not without foundation. The Judge in
generaising the case referred to the var
lance between the testimony of
the defendant, and the prosecu-
ton s chief witness. The latter had ac-
knowledged his guilt and could not profit
by m~istating facts, while the prisoner
might secure liberty BY avoiding the
truth. In view of Miiler's youth and
with the hope that he might be benefited
by punishment, fifteen months was re-
corded against his name.
Harry Carpenter, the best looking prs.
oner OF the lot, made rather a touching
picture. He is only IS years old and has
an honest, intelligent face. Carpenter
was a soldier and while working at his
captains house at Fort Laramie stole
| 1915 from a trunk aud deserted. His
remarkable fight has been fully detailed
in these columns. His voice wavered
when he declined to tell his story. Act
ing Prosecutor Campbell made a state
ment for the prisoner, saying that in his
belief Carpenter was wel~l-intentioned and
his crime WAS weakness in yielding to
great temptation. He had told the truth
through all and had given material infor-
nation to the grand Jury. judge Van
Devanter said that he sympathized with
the prisoner and regretted that facts were
as they existed, His demeanor and con-
duct had been the best and the fact that
he .refrained from perjury was highly COM
mendable. you must 20 to the peni-
tentiary." he said. but good men have
served terms and have afterwards became
good citizens. l have arranged your SEN
tence 80 that you viii be liberated at a
favorable season. You will go to the PEN
itentiary for eighteen months"
Justice was melted out to the three cat
tie thieves, Perry. Hake and Borschwin-
gle. The absurd,ty of Psrry's suicide
theory was mildly ridiculed and the fact
that cattle stealing had become a too com
mon crime was cited. Four years for
Perry. Hake was handled without gloves
as the cunning man in the Wholesale
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