The record-union., 1895-04-05

number of hats in the house, had gone
out and bought herself one when she
needed it.
Insanity would be good defense in
their case. as they had gone on month
after month boarding up the articles
taken. He asked for the sake OF the
husband and child that the court would
not make 1t motherless by imprisoning
his client. They had been punished al
ready by the bar sinister that would be
against their names forever, and term
in Jail would be no such punishment as
that was. 1t would be very hard tor them
TO pay fine, but he asked that the sem
tence be not imprisonment.
Mr.. Johnson's plea was touching one,
ana moved the court, and even the hard
ened reporters and officers had tears in
their eyes as he concluded.
A. l.. Hart said he appeared with John
son and joined hands with him in asking
Tor lenlency, and that the hand OF charity
should be extended over them. Even in.
the divine law, which is framed on higher
principles than human law can be, peni-
tence IS the ground for forgiveness. He
never knew of uncharitabIe sentiments
except from those who had lost every
essential element of Christian men and
women.
He scored severely those who had re-
FUSED TO sign the petition for leniency
thought they themselves we're likely TO
nave shortcomings that they would not
want TO have see the light He asked
that only fine be imposed and an oppor-
tunlty given his client to reform.
There was hush in the court as JUS
Lce Davis arose TO pronounce sentence.
1t was evident that lie was deeply agi-
tated. He said that the duty now de-
VolvIng upon him was the most unpleas-
ant that had ever been his lot 10 perform.
one, at least, of the defendants was per-
sonaIly known to him, and the shock of
the charge made could not have been
greater II against his dearest friend.
The arguments of counsel had been for
leniency, but there was another side of
the question to be looked at. He had no
personal feelings in the matter, and none
except those of pity. If only his feelings
were to be consulted, he would let the
defendants off with a small fine, but this
was an unusual case. 1t was one of long
plIierlng and had no parallel in this city.
lie could look at things from counsePs
Wow, but also from the standpoint Of out
ragged justice. He had in his mind poor
clerk, who was suspected by his en-
plOyer as thief, but instead of being
charged with 1t, was quietly discharged
and sent out into the world branded as a
thief in the eyes of his employer.
There was probably no case OF crime in
ALClI LLlG uGdL OI5o anu relatives u III not
suffer more than the criminal. No one
realized it in this case more than he did
He felt that the enormity Of the crime
deserved severe punishment, and in
passing judgment he felt that the punish
ment should tit the crime. He was a
mere machine, representing the law, and,
although the position was an EN- barrass-
ing one, he had no alternative but to per-
form his duty. AS far as the petition was
concerned, he knew how those things
were gotten up. His judgment was that
each OF the defendants be confined in the
County Jail for six months.
Mrs. Palmer broke down and went,
and Howell Bidwell dropped his head
in his hands aud sobbed. while his wife
did not shed tear and only dropped her
eyes.
On request of the City Attorney the
other cases against the defendants were
dismissed.
Justice Davis, in conversation after
court adjourned, said that some of those
who signed the petition afterward stated
to him that the defendants ought to go to
jail. They wanted, however, to throw
all the responsibility for sentencing them
on his shoulders, and he considered it
unjust.