St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-04-15
HOWARD GETS SIX YEARS.
THANKED THE COURT F0R K0f MAX
nc IT MORE. )
BUSINESS. "a PROFESSIONALS
Judge Kelly Tells the Bank Rob-
Der That as He Was Nnt !
Prime Mover, Had Been Long
in Jail, and the Jury Was
Lenient, He Would Maxi His
Term Shorter. "a s1

Lenient, He Would Max Hle
Term Shorter.
James Howard, the fourth Of tke COM
victed bank robbers, was yesterday SEN
fenced by Judge Kelly to six years In
the penitentiary at Saltwater. AT the
opening of court at 2 o'clock Yesterday
afternoon, Henry Johns, tho able attor-
ney for the defense, withdrew his mo-
ton In arrest of Judgment. County At
torney Butler then moved for sentence
In pursuance of the verdict Of the Jury.
Mr.. Johns made a brief but eloquent
plea for mercy in behalf of Howard, aud
told the court that the man is at heart
not a bad fellow. An incident in
support OF this was given. to
the effect that while Howard
was undergoing a sentence in New
Zealand. and was at work on fOrtifica-
ton under guard of a soldier. a large
cannon fell with caving earth in such
way as to pin the soldier guard to the
earth in way that endangered his life.
In place of trying to escape. Howard
secured jackscrew and raised the
cannon so as to release the guard from
his death trap. For this act Howard
was granted an unconditional pardon.
After his sentence. Howard protested
his innocence. County Attorney Butler
complimented Henry Johns OH his fair
ness and ability in defending the several
bank robbers.
After the county attorney had moved
Ind n11 xo
"Y0u, James Howard, what have you
to say why the sentence Of the court
shall not now be pronounced upon
you?'
Howard-I wish to say. your honor.
that am innocent of the charge. That
is all have to say, your honor.
In response to questions asked by the
court the prisoner said that he was
thirty-one years of age, was single
man, that he had learned no mechanical
trade but was "a PROFESSIONAL for
number of years.
Judge Kelly-Of course you under
stand that the verdict of the jury in the
case has been rendered, and that YER
dict is that you are guilty Of the charge
contained in the indictment. You have
bad the advice and counsel of the ablest
counselors at the bar in this county
and in this state. You and all the men
named in this indictment, who have
stood before the bar of this court, have
had that counsel and defense, and |
wish to say here that l have never wit
messed. in a somewhat extended expert
ence upon the bench, any more Jealous
and. as far as they were able to make
Ineffective defense in behalf of any one
harged with crime.
Now, l have heard the story of this
offenSe for the fourth time. and have
no hesitation in saying that am salts
fed that the jury could not have Reached
under the testimony in either your case
or any of the other cases any other COLI
clusion than that which it has reached.
1t is not pleasant thing for any man
to be obliged to c0nsign his fellow man
TO term of Imprisonment, either long
or short. Prior to your going upon your,
trial, for the purpose of saving the pub
lie the expense that would necessarily
be entailed, satisfied as was tAen. of
the completely OF all the persons named
charged, in this Indictment of the 0ffense.
l had intimated to your counsel the SEN
tence that l would feelInyself called on
to pronounce upon you and your CO:
defendant. Miller. if plea Of guilty
was rendered to the court, underihe
circumstances. would be very essen
TALLY modified by reason of that plea.
You have seen fit las, of course, it was
your righD to put yourself upon your
trial.
Taking into consideration all that
know of this case, and being satisfied.
as have said, that you were one of the
parties concerned so as to charge you as
guilty party under the laws of this
state in that offense, but believing that
you were not the prime mover in it, and
Knowing that you have already been
confined for about eight months in the
public prison of the county, and taking
into consideration what the jury who
bave convicted you have said to me
in their verdict, l shall make the SEN
tence which l am about to pronounce
upon you somewhat lower than l prob
ably otherwise would.
1.-THE sentence of the court is that you,
James Howard, be committed to and
confined in the state prison of the state
of Minnesota at the city of Saltwater
at hard labor for period OF six years"
Howard-Thank you, your honor.