, 1890-12-12
SIX SENTENCED.
A Roundup Of Those Convicted in
the District Court.
Hagerman Makes a Plea That Does
Him No Good.
Some Interesting Allegations Made
in the Kingen Case.

In the district court yesterday after
noon, several Of the prisoners tried at this
term were brought into court for sentence.
Willie White, a boy l3-years-oId, con-
victed OF grand larceny, was the first to
stand up and listen to his fate. In con-
sideration of the tender age of the lad, he
was sent to the industrial school at Col
den, Colo, for a term of five years.
Fred HaRerman, the horse thief, was
the next man on the list. When asked
whether he had anything to say, he
stated that investigations were at present
being made by the Royal Horse Associa.
ton. which would in the course of a few
days, throw an entirely different light on
his case. Evidently the court did not
take much stock in the statement, for
after mentioning the fact hat ihis was
not the first time that Hagermsn had
been convicted Of the same ~offense, the
court sentenced him to eight years con-
inement in the penitentiary at Joliet.
Hagerman is a thoroughbred criminal.
and, taking into consideration all of the
facts in the case, his sentence was none
too heavy.
John Larkin, charged with robbery
next faced the music. He had pleaded
guilty to the charge, and bis attorney
stated that his crime was the result OF in
toxication and asked the mercy of the
court on that account. The prosecuting
attorney also joined 10 the plea, and the
man was sentenced to eighteen months IN
the ~penitentiary.
Seeley HAYES stood charged with grand
larceny, and plead guilty. A petition
asking for mercy, signed by citizens of
Colorado, was presented to the court, and
Halves was let off with fifteen months.
Frank Weller, who was convicted of
signing Senator Warren's nam to a
forged check, has been a writer for the
newspapers but hard drinking has done
its work for him. He had confessed his
guilt. The minimum sentence, accord
ing to law. Is one year and Weller was let
off with fifteen months.
Halves, Larkin and White are all mere
boys.
Wm. Kingen, the Nebraska cattle
thief, who was convicted a few days ago.
was then brought into court, convicted OF
having stolen 5000 worth of cattle be-
longing to the Pratt & Ferris Cattle com
pany. His attorney entered a plea in
abatement and asked for the discharge Of
the prisoner. The argument which fol-
loved was one of much interest. Kingen's
counsel maintained that the court was
without jurisdiction on these grounds:
!. That the grand jury which found
the indictment was not legally drawn,
and that therefore the indictment was
void. When the district court met on
the 10th of November, Judge Scott or
dered the grand jury drawn some time be-
fore by the ounty commissioners to be dis
charged, and directed the sheriff to sum-
mon n new Jury on an open venire. Coun-
sci commended that there was no authority
for such a proceeding and that therefore
the court was without jurisdiction.
9. That, under section l of article 6, of
the constitution, providing that Both
male and female citizens ofthe state shall
equally enjoy all civil, political and re-
liEious rights and privileges" females, as
well as males, should be summoned as
grand jurors. When the attention of the
counsel was directed to section Q of article
/, of the constitution, providing that a
grand Jury may consist Of twelve men, -
it was commended that the term men
was generic, and, IN this section, included
females also.
3. That Kingen had been arrest 4 and
brought within the Jurisdiction, WITHOUT
either warrant or requisition, in violation
of the provision IN both the state con-
stitution and that of the United States
providing that mo person shall be de-
prived of his life, liberty or property
without due process of law" Ii appears
that Kiugen was forcibly brought from
Nebraska to Wyoming, and that no
requisltion had been issued. Counsel
made a very strong argument on this
point; and the case will no doubt event.
ually reach the federal courts.
In reply Mr.. Stoll filed a demurrer to
the first twI grounds, and a denial of the
facts as set forth as to the third. The
court ruled that the plea to the jurisdic-
ton came too late; that it should have
been made before the plea of not guilty
had been entered.
Kingen was then sentenced to eight