The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-03-19
David Coulter, the Boy Murder
er, is Sentenced
To the Penitentiary Until He
is Thirty-Nine.
JUDGE TALKS TO HIM.
Says He Believes IllstOn's Kill
ing Was Not Accidental,
AS Coulter Still Maintained
When Sentenced Today.

David Coulter, of Valley Falls, this
morning received his sentence for the
murder of 15-year- old Edward Illston on
October IA, 1895. He was sentenced to
the penitentiary for twenty one years.
When court convened Coulter was
brought into the room by Sheriff R. B.
kepley. He was accompanied by his
attorney, Atchison. Judge Hazen i'm
mediately said: "Mr. Coulter, is there
any reason why the sentence of the court
should not be pronounced upon your"
The boy murderer, who was whisper
ing to his lawyer. arose and said: "All
have to say is that it was not my fault
1t was done accidental. I say now, as /
said trial, that 1 am not guilty of
murder"
Coulter said this in calm, converse
tional way, without tremor or nervous
ness. Then he sat down and looked at
Judge Hazen.
"The jury has already passed upon
that question:" replied the judge, land 1
am still sat isfed that it found a correct
verdict l haven't any doubt but that
you killed that boy for the team and
wagon. Your conduct after the killing
does not show your story to be a fact.
Your taking that team and wagon back
to Jefferson county, and taking with you
the hat which the boy had, and wearing
it about where you we're employed, are
very bad circumstances against you.
They were prime factors in yonr convic-
tion and don't make the killing look
like an accident.
81 haven't any doubt now that the
verdict of the jury was a correct one,
and would have stood one degree higher.
1t should have been conviction of muir
der in the first degree, but the jury took
into consideration your youth, and made
it the second degree.
"Your story on the witness stand was
in many respects an improba BILE one, and
one which an impartial mind could not
we'll believe. l understand that no mo-
tion for a new trial has been fled in this
case The 9rder of the court is that you
be confined in the penitentiary at hard
larbor for the term of 81 years"
Coulter sat motionless while Judge
Hazen was talking. When the sentence
expression in his face Not a muscle
moved. and he remained in the same po-
sition that he had assumed in his chair,
sitting almost erect, half leaning forward
with his elbows on the arms of the chair.
The next moment he turned toward
Lawyer Atchison and whispered with
him. The boys eyes were filled with
tears, but this may have been because of
his weak eyes, they are frequently tear
full. Then he turned to Sheriff Kepley
and said in an undertone, 81 have never
given you any trouble, have II"
mo, Dave. you never have. replied
the sheriff, c0nsolingly.
"That's the way I'm going to be over
there" Coulter said. "Pm not going to
make them any trouble, either"
"You ought to be tickled over this"
remarked Kepley, in his endeavor to
keep up the boys spirits. 81 thought
sure you would get life sentence"
81 am," replied the prisoner. Then
he continued, 81 shall try to be a better
boy over there, and l think 1 shall come
out better man"
Take the prisoner back to jail" said
Judge Hazen, and Coulter arose quickly.
He was accompanied to the prison by
Lawyer AtchisOn, who spent half hour
with him giving him what encourage
ment he could The boy did not exhibit
any sign other than that of satisfaction
that the sentence had not been longer
Coulter's imprisonment does not seem
60 have broken his health. though he has
been sick in prison considerably, He
looked we'll this morning as at his
trial. He was dressed in the brown suit
which he has always worn since the trial
He pays very little attention to his hair
and neckwear.
If David Coulter has to serve his
entire sentence, he will be released when
he is 80 years of age. He is 1s years of
age now