Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-06-14
ready to sign it if they had heard the

ready to sign it if they had heard the
testimony.
The judge gave the prisoner a few
words of warning. He spoke of the i'm.
portance to the stock interests that cat.
tie should be protected and sentenced
him to Jail for ten days and to pay a fine
of 800.
Robert Mccormick, who plead guilty
to a charge of escaping from the peni-
Tertiary, came next.
Mr.. Register spoke for the prisoner.
He said that the defendant at the time
of the o%fense, did not believe that he
was escaping from the custody of the
warden, not being within the walls of
the ~penitentiary. That was a mistaken
idea, undoubtedly, but it existed never
theless. The prisoner has a brother in
st. Louis. He was sent to the peniten-
tiary originally from Grand Forks for
burglary in the third degree.
James Sullivan and James Smith we're
charged with a similar o%ffense, and they
had plead guilty. Mr.. O'Connor ap-
pealed for both these prisoners. He
said the prisoners acted under the i'm
pulse of the moment.
In passing sentence, Judge Winchester
said he had made an examination of the
record Of the prisoners in the peniten-
tiary and found them uniformly bad. In
the county Jail Sullivan had behaved
fairly we'll, while Mccormack and Smith
had been bad in their behavior. So bad
had their conduct been that it had been
a surprise to the court, considering the
fact that the prisoners had been in the
penitentiary and knew the folly of so be-
having while in custody. The court saw
no reason why he should show any
clemency toward the prisoners. He then
sentenced them as follows: Mccormack
and Sullivan three years and Smith two
years and eight months from the date Of
the expiration of their previous terms
of imprisonment.
Mills Beach came next. He had been
found guilty of assault with intent to
main.
Mr.. Boucher made a plea for mercy
for the defendant. He called the atten-
ton Of the court to the fact that the
prisoner is advanced in age, and ex-
pressed a hope that in consideration of
all the circumstances the court would
deal as leniently as. possible with the
prisoner.
The prisoner appealed to the court for
mercy on his own account.
The judge said he was satisfied after
hearing the evidence in his case that the
prisoner was the prime mover in the
assault on the witness Fraleigh. AL
though the prisoner was an old man, the
court felt It his duty to impose a severe
sentence-a duty'he owed to the citizens
of the district. Among all the prisoners
acquaintance he had only found one
nan who had interceded to the court in
his behalf. The only reason for clemency
was the age of the prisoner, and the
court had taken that into account in
passing sentence. If he lived to come
out of the penitentlary, the court hoped
he would determine in his remaining
years to lead a different life.
He was sentenced to the penitentiary
for three years.
Harry Gilmore came next. He said
to the court that he had no intent what
ever to injure Dolan. Dolan's white
cap remark was exasperating, as was his
allusion to the defendants wife.
MI. Register also made a few remarks,
He said the state had a weak case, and
clemency on the part of the court would
he a righteous exercise of power on the
part of the court.
The prisoner, who had made a great
deal of trouble in the jail, was asked il
he had any explanation to give of his
conduct there.
He begged to be excused from making
any explanation.
The judge said the sentence of the
prisoner wodld be severe. If it had moi
been for the recommendation of mercy
by the jury, he would have sentenced
him to the penitentiary for five years
If any verdict ever found was just, that
verdict was. The time had come wher
men cannot be permitted to act as the
defendant had acted towards the witness
Dolan. The court felt it his duty to the
community to pass a severe sentence
In the district people have been put te
more expense in prosecuting such cases
as this than any other class of offenses
He was sentenced to the penitentiary
for four years.
Yesterday afternoon the liquor cases
Of the State We. John F. Tibbils and Asa
Fisher, and State vs.. William Ogle and
Thomas McGovern we're dismissed on
motion of the states attorney. MI Allen