Omaha daily bee., 1895-10-13
HE LECTURED THE PRISONERS.
Judge of the Criminal Court Made II
InnIeusunt for EVIL DOers.

The prisoners who were up for sentence
before Judge Scott yesterday were unfortu-
nate.
Judge Scott had been very indignant ever
since he heard that the other members of
the bench had been called upon to judge
his rulings. This Indignation was not les
sened yesterday when he knew that the
judges were actually sitting on his rulings,
and consequently he had very little of the
milk of human kindness in his soul. AS a
result the prisoners who were before him
received the maximum penalty.
The first prisoners before the bar were
Charles Whitney and Harry Paxton, who
were recently convicted of burglary. They
were charged with having entered the resi-
dence Of John M. Daugherty several weeks
ago, and stealing property to the value Of
81, 200. They were arrested in Joliet, H.,
with a portion Of the stolen goods in their
possession, and brought to this city. Judge
Scott sentenced Whitney to seven years in
the penitentiary and Paxton to six. In
sentencing the prisoners Judge Scott gave
vent to the following remarks:
1.-TWO years ago when l took this docket
l said that / would be a terror to lawbreak-
ers, and have tried to be one. Through all
the length and breadth of the land. from
New York to San Francisco, criminals know
that they will get no mercy from me. You
have heard of me, l know, just as every
other criminal has. Yet you came to this
city and committed a crime here.
81 tell you this has to stop. l cannot al
low the citizens of Omaha to be preyed upon,
especially as they are now overburdened with
taxation. All property is so heavily taxed
that 1t has to be protected by the courts and
this court is going to do it. Therefore. | am
going to sentence you as heavily as l can,
not only as a lesson to you, but as a warning
to criminals all over the country, in order
that they may know that they had better
keep away from Omaha while l am on the
bench" .
When Judge Scott had concluded he looked
at the two prisoners a moment and then sud
denly said to Whitney
you have got the marks of the penitentiary
on you. l can see the marks in your face.
How long were you there?"
Whitney said he had never been in the peni-
Tertiary, but Scott stopped him.
II know you have been in the penitentiary
although / do not know whether it has been
for one year, or how long. l can see 1t in
your face. l tell you you have the marks of
the penitentiary on you. | am judging by
appearances and l know you have been in
the penitentiary."
f. M. Martin, alias Elliott, a well known
cracksman who was arrested some time ago
because it was suspected that he was con-
cerned in an attempted burglary and safe
blowing at Calhoun, received the full limit,
lWO years., " iIS Jul toOlS III HIS
possession. The jury had found him guilty,
but recommended him to the leniency of the
court. In sentencing him Judge Scott said
that he could not consider the recommends
ton because he knew he was a bad man and
ought to be in the penitentiary.
II can tell from your face that you are a
man of remarkable shrewdness and cum
ming and consequently you are the worst in
your profession. If you were in the United
States senate you would command attention.
7 -, ,yI-l -, a.. ,-n n-J
l can see just what you are. Such a man
as you ought to be put in a safe place, and
therefore | will give you the limit"
George Petty, who was convicted Of making
an assault upon Thomas Gallagher, received
another full limit, ninety days in the county
Jail at hard labor. Petty with four COM
panions was charged with having gone to
Gallagher's residence late at night and break
ing in the door. They threw a number of bot
ties into the building. one of which almost
struck Gallagher. The assailants were
charged with committing an assault with in
tent to do great bodily injury.
II do not see how the jury convicted you
of simple assault" said Judge Scott tc
Petty. II instructed it to either find you
guilty of assault with intent to do great
bodily injury, or not guilty. You should
have been found guilty, and II you had
would have sentenced you to the full limit
AS it is l will give you the heaviest sentence
l can"
swan Berkland was sentenced to ninety
days at hard labor for assaulting George
Medlock, an old man. James Wallace, fol
burglary, received thirty days on bread ant
water, and William Collins, for petty lar
ceny, received the same.
Ed Petry, charged with burglary, failed
to receive a sentence. Judge Scott told
Petry that he saw some good in his face
and did not think that he was a bad man
Petry is well known to the local police a:
a crook and a gambler.
Pat Ford, jr., and f. ]. Pjeirrou were ar
raigned on the charge of robbery. Tht
two, together with a man named Gallagher
are alleged to have held up August Walter
on the night of September "a, and taker
$20.75 from him. They pleaded not guilty
Minor Court Matters.
A motion for new trial has been filed
in the case of David whitney and other,