Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1896-01-23


After twelve men have passed upon
your case, Mr.. Sands, aud after one
who tries to be versed in these mat
ters of law has also added his humble
mite in determining whether or not
the proof is sufficient, it seems to me
that you should suffer the penalty, and
that there should be no complalt.
/ may say, without intending to
hatter, that this has been one OF as
able defenses as any party charged
with crime in my court has had; earn
est, capable and able has been the
work done in your behalf.
l can find no motive, when review
ing the testimony of those accusing
you, for their attempting to unjustly
secure your conviction. The things
intimated by your counsel are matters
that probably may never be revealed
TO human mind. Those are for an
other Judge. So far as the statement
that others are guilty Of the offense,
the jury had no such proof. Indeed
1t could not be offered, therefore was
not offered by your counsel, AS to
the reputation Of the family, l know
nothing. 1t is not permitted that a
child suffer, as far as human laws are
concerned, those established upon the
statute books, for the short comings
of her parents. This family may be
ever 30 low, and yet the offence COM
mitted against that girl remains the
same.
I have IN mind the fact that a girl
a child of thirteen years, has been
worse than ruined for life, Society,
some how or other, and l believe that
to be one of the reasons why the pen
alties IN this class of cases are 80
severe, places false estimate, and
bases its Judgment upon false prem
ises.
l believe it is entirely wrong when
girls or women are unfortunate to
forever ostracize them forever from
society while the author Of their
wrong may the next day be received
into the home of some of those who
are inclined 10 think that the standard
as society bases 1t today is right.
I conscientiously believe that there
should be no difference II man
commit an offence of this nature, in
stead OF he being received into 80
ciety and the girl driven forth, even
sometimes by her own parents, that
both should be regarded the same.
Why should woman be q prey for
the opposite sex? She should not,
she who is weaker, and has to contend
with her own passions in addition to
those of the man seeking her destruc-
ton.
l do not say that you, the defendent
in this case, are of evil character OF
evil lnclinations. You may have been
model in life, but that you have fallen
in this instance l cannot but from the
proof believe.
The legislature iu passing this law
under which you have been convicted,
and under which may sentence you
to from five to twenty-one years in the
penltentlary, considered the best In
terest of society. / believe that law
is just, or else it would have been long
since repealed, and other states would
not have followed in the footsteps Of
Kansas.
The impression prevails, and / say
this for the benefit of many persons
here tonight, with the male portion.
that woman kind, young girls and
young women, are at their service and
their disposal whenever they can pur'
suade them to submit to them. This
is false and mistaken idea
Our law has said that girls under
the age of eighteen years are under
the protection of the law. 1t matters
not how many of the young men Of
this town or of this state may have ln'
tercourse with one under eighteen
years of age who may consent to HIM
she may not resist, if there are many
Of those young men, even with the
same individual, each one OF them IL
amenable to the law, and are liable to
the penalties of this statute.
Young men, take this as a warning
Innocent young girls are not your
property, but are sacred to the law
and entitled to It's protection.
Mr.. Sands, / believe you are guilty
I would that knew. If you were in
nocent, it would not be too late fol-
me at least now, did know to a GER
tainty, to do my duty and set you
right
But I believe the jury returned that
verdict of guilty under the solemnity
OF their oatha, and that they believed
the proof sufficient IN the lighS Of the
law.
Nothing now remains but to pass
sentence upon you. That is no pleas
ant duty for me. In passing this
sentence upon you it is with the deep
est regret, regret that you have allow
ed yourrelt to be placed IN this pos
sition.
Seeing you in your manhood and
your strength incarcerated, "dead,"
IS counsel suggests, for the years
that may be allotted to you there, ]
cannot but feel that it is responsible