Omaha daily bee., 1897-10-24
TEN LONG YEARS IN PRISON
Judle Eao7 Fronounces Severe Sentence on
a Convc ctsd Criminal.
sUzzY MHUGH GsTS THE LAWS LIMIT
Notion for New Trial oNerrulcd aud
the Full Extent of the statutes
Penalty Imposed by
the Court.

upon Charles Mcliugh, convicted of shooting
with intent to murder ex-Depuy Sheriff
Nick OBrlen The sentence was ten years
in the penitentiary. the seyerest that could
be imposed under the law. Colonel Daley,
who defended McHueh, was not present when
the sentence was imposed and was very
angry when he learned that his client had
been called up and sentenced without the
court having first notified him. Judge Macy
called up the case in the morning session
end overruled the moton for new trial but
the sentence was not pronounced until after
noon When asked If he had anything to say
McHugh arose and asserted his innocence of
the crime with the greatest vehemence.
Judge Macy's remarks to the prisoner were
pronounced model court lecture. When
tho officer went to lead the prisoner out Of
the room 1t was noticed that his legs trem-
bled SO violently that he could scarcely
stand.
In pronouncing the sentence Judge Macy
| referred to the following remarkable letter
which he had received a few days ago from
Wilson, alias Doc" Butler, one of the two
men captured at the time who were brought
hero to testify on behalf of McIIugh.
Hon. n. w. Macy. Council Bluffs. Ia:
Dear Sir-I received letter this evening
informing me of McHush's conviction l
tome of the evidence offered by the state,
and | must say that 1t is more than slth-
cient to convince one not knowing the truth
of McHugh's guilt; yet the case will become
historical as showing the most remarkable
instance of mis- aiken identity on record.
McHugh is innocent, innocent yourself,
so far as tne O Brien shooting is concerned.
He will be released in short time, for the
evidence offered against him, however
| strong and apparently conscientious, is yet
false, without one iota of fact for its basis.
Viewed from Lombrosi's standpoint, such
men as McHugh and myself are beyond the
! considered fit subjects for determination.
In fact, l feel that society is justified in
ridding itself of it's diseased members either
| by killing or caging. But so long as justice
| throws her protecting arm around all of us
poor mortals, the just and uni lust alike re-
cciving recognition, 1t remains for the agents
of the law to see that Justices precepts are
kept in harmony with truth, for truth, law
linking and n.er-linklng of the past, present
and future. Destroy truth and society will
/ reach state of chaos. In the McHugh case
truth was butchered, mercilessly butchered;
but l venture the prediction that within six
months the dark mantle of guilt that now
enshrouds James McHugh will be removed
and his entire innocence be shown, and that
Nick O'Brien will be among the first to
move for his release,
probably never be known, but of this you
can rest assured judge McHugh Is inno-
! cent. l would like TO say some word, your
honor, that will reach your conviction, but
J | know not what l can say to convince you
| that l am writing this letter in a spirit of
honesty and I truth ,,;N MGaugh Is SEQ eonfessedIy
! him, for, sitting here in the solitude of my
| cell, my thoughts go back over a wide eX-
a young boy sitting in solitary confinement
! wondering at mans inhumanty and ask
before my God this night l would defend
myself boldly for I hold that that unjust
criminal acts in later life In tracing my
tottering steps backward through years Of
; abuse and abusing, find vast difference in
| the boy sitting in solitude trying to maste:
! the intricaces of words, ana the awakened
reasoning man writing to the learned judge it.
| candor did not save him.
Your honor, am about to make declara-
! tion that will cause many people to smile
in derision. It is this; If regain my lib
| erty at any time in the future will never
| offend again. At this, moment l am praying
iino 10 Wioner tne ha"us inot o pgn decIaT
again, McHuga is innocent.
1t seems like fate. l received writing pa
| not knowing that McHugh had been con-
victei. Had ! not had the paper when my
Gtters lett came in this evening Mn, should posi-
few facts. I never knew McHugh init
rmately, never associated with him and met
he was introduced to me in a house kept
by man named Moore or Ray. Both men
were saloon Keepers. / am not certain at
of my recollection never met the man but
once in my life. and that time was in the
| fall of 1894, In Cleveland, o.
| 1t Is hard for me to convince myself that
| all of the people who gave evidence in the
case were entirely honest. However l will
| be willing in the future to accept the axiom
| tHat the only indubitable fact is conscious
| ness"
Hoping you will not misconstrue the i'm
| pulse that caused me to write this letter, |
| remain yours respectfully, j. j. WILSON.
Being a United States prisoner It has been
! fees l make this note a matter of bus
| mess. Right is right. j. j, w.
] McHughs appeal bond was fixed at $4,000,
| Colonel Daley was seen last evening and de-
| clared that he would file notice of appeal
at once and would take the case to the su
| preme court.