Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1891-10-29
AN INHUMAN SENTENCE.


jury of Davis, (now Geary) county, indicted
two boys for burglary and grand larceny.
They we're charged with breaking into and
stealing goods from the store of D. n. Hicks
in Junction City. The boys were arrested
in Topeka and brought to Junction City
while the District Court was 10 session,
Judge Nicholson presiding. When inform
ed of their arrest on the order of the Judge
they were brought into the court room and
directed to stand up before his honor. In
answer to the questions asked them by the
Judge, they informed him they we're strang-
ers in this part of the State, that they had
never before been in Junction City, and
not acquainted with any one living in the
city that they had no money, and were IN
able to employ lawyers to defend them. One
of the defendants said he was from Chicago,
and the other stated he was from Ohio, and
they both begged for time to write or tele-
graph their relatives and friends for money
and assistance, but their request was denied
by the court, and they we're told that if I'M
able to engage counsel, the court would ap-
point an attorney for them, and thereupon
a member of the bar who was engaged in
other business was selected by the Judge.
Not being present in the court room he was
sent for, and in response to the summons,
appeared and requested to be excused for
the reason that he was not then engaged in
the practice of law, and had important
matters of business that demanded his i'm
mediate attention. The Judge informed
him that he had been admitted to the bar
in his district, and he proposed to furnish
him some business, and see that he attended
to it. All of the attorneys efforts to be ex
cused were fruitless, and he was compelled
to undertake their defense. One hour was
granted him for consultation with the de-
PENDANTS. At the expiration of that time
he returned with his clients into court, and
advised the Judge that in the short time
allowed him he was unable to decide upon
the proper action to take, and requested
for a reasonable time, and I'M
I'll he could ascertain the facts and write to
the parents and friends of the prisoners.
The court promptly refused any continuance
or postponement of the case, but finally
gave him until the next morning to get
ready for trial. The attorney then inform
ed his clients that there was no possible |
chance to make defense, and that the best /
course was to plead guilty and throw them !
selves upon the mercy Of the court, and in
view of their age and plea of guilty, the
court would be merciful and only give them
q light punishment. The prisoners strong |
ly protested against this advice, for the rea-
son, as they claimed, that they we're innor
cent of the charges preferred against them,
but their attorney insisted, this was the best 1
and only safe course to take, and on the
morning of March 80, 1887, two days after
the indictment was filed, the attorney en-
tered pleay of guilty for his clients. where
upon the court Immediately passed sentence
upon L0etn anu dlleE duuIcSSiuS tuCul Al I
very bitter language, ordered both of them
to be confined in the peniteRtidTy Of the State
at hard labor for the term Of thirteen years.
Soon after they we're taken to the peniten-
tiary, the sheriff of Geary county received
a letter from a sister of the Ohio boy, Mrs.
W. S. Code, of Perry, Ohio, who in sub
stance wrote that her father and mother
we're gray headed Christian old people, and
had endeavored to bring up their children
in the way Of honesty and give them
proper education; that she was confident
her brother was innocent of the crime OF
which he was found guilty; that he had al
WAYS sustained an excellent reputation al
home, and while he might have been guilty
of some wrong she felt sure he never cOnld
be tempted to steal. She further wrote that
this boy was the favorite son of her poor
old mother, and she was trying TO conceal
from her the terrible punishment he had
to undergo for fear it would break her
heart and kill her She further wrote that