The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-11-21
DIFFERENCE ONLY IN FUEL.
DURHAM SENTENCED.
Must Serve the State Six Years and
Six Months.

E5AA
Six years six months at hard labor
in the penitentiary, Tuesday, Dec. q,
George A. Durham will take a train
for that peaceful little city called Still
water unless all signs fail. Therefore,
in all human probability, Christmas
will be spent by the Third ward boQd
dler away from his fellows, and he will
eat his Christmas dinner with Warden
WoIfer.
1t has been the general impression
that when Durham gave a bond his
attorney could cause delay enough by
an appeal to the supreme court TO
keep Durham out of the penitentiary
for at least a year, or until his term
expired in the council. This is not so.
The statute governing a continuing
bond in such cases leaves it discretion
airy with the court, in the event Of
exceptional cases where there is every
reason to believe that there has been
error to allow a prisoner his freedom
until the supreme court has passed
upon the case. This Judge Elliott will
not do unless there is some unheard-of
showing. For that reason, the bonds
required in the Durham case only
holds for thirty days. Within that
time the arguments for new trial will
have been heard and the motion de-
MED, and then nothing remains to be
done but to appeal to the supreme
court for a bond. This would bring the
merits of the case on trial at once
when the petition was made, and,
therefore. it would settle the matter
at once.
At 9 o'clock yesterday George A. Dur
nam, of the Third ward, convicted of
bribery, came into court accompanied
by the man of all work, Frank Cay
lord, also with Burke O'Brien and the
rest, all Of them 'jollying" the pris-
Oner and making it pleasant for him
They were putting on a bold front, and
trying to keep up their courage. A. NJ
Harrison was ready for the proceed
ings, and County Attorney Peterson
was sent for.
Il move for sentence in the case
of the state against George A. Dur
man, said Mr.. Peterson.
Il object to sentence being passed
at this time" said Mr.. Harrison.
There can be no good reason for it,
as L have filed notice that 1 will move
to set aside the verdict. There is no
matter is concluded, as it is possible
that there may be no opportunity to
sentence"
81 can see no reason why sentence
should not be passed now" said Judge
Elliott. THE motion can be made for
the arrest of execution. The defendant
will come forward"
Durham stepped to the bar of JUS
tice with a smile on his face, after a
slap on the back from Burke OBrien.
What is your true name?" asked
the court.
George A. Durham"
"Have you any mechanical trader"
''No sir, not any"
"Have you ever been convicted of a
crime before?"
Never"
1.-The jury has found you guilty of
the crime as charged, and it now be-
comes the duty of this court to pass
sentence upon you. 1t is the sentence
of this court that you, George a.
Durham, as punishment for the crime
of soliciting a bride. be confined in
the states prison at Saltwater, at hard
labor, for the full term of six years
and six months"
Durham never WINGED. He acted as
if he was at dress rehearsal.
eff the court please, I move at. this
time for stay of execution" said Mr.
Harrison.
Then came the arrangements of a
bond. The county attorney stated that
a supercedeus bond in the penal sum
of $4,000 would be the proper thing,
and the court settled upon that amount
Il shall require that the sureties
come into court and justify before
your honor" said Mr.. Peterson.
ooh, that would hardly be necessary,
if the bond is good" said Mr. Harri-
son.
81 think they had better justify, !"
said the court. 1.-THE prisoner is re-
manded to the custody of the sheriff"
The deputy stepped up, and laid The
hand of the law upon the prisoner. ar
Harrison wanted him allowed his liber-
ty until he could secure bondsmen
but the county attorney insisted hat
the sheriff should have charge of him
even when at large. Mr. Harrison
stated to the court that he would DE
ready to argue his motions within
thirty days. The party then left to Sc
cure bondsmen.
At noon Durham came into court
with his attorney and bOndsmen. Judge
Elliott was not satisfied with the form
of the bond, and Mr.. Harrison drew
another, which the sureties signed
They were John Dubay, in the sum of
$4,000; Lambert Will, $4,000; William
Winthieser, $4,000; John A. Gilpan,
$1,000; Edward Egan, $500 The court
insisted that they justify, as the coun-
ty attorney would not approve the
bond of his own knowledge, and the
sureties We're sworn, and made to tell
their personal business, and show the
court the amount of property they
owned. They showed about $25. 900
worth of unexempt property and the
bond was approved, and the prisoner
released from the custody of Deputy
Sheriff Callahan. who had had Durham
in tow all the morning.