Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-11
GIVEN The LIMIT
John j. Mason Sentenced TO
Twenty Years.
STRONG PLEA FOR MERCY
But the Judge Was Not in a Lenient
Mood Had No Doubt OF
Guilt.
STRONG PLEA FOR MERCY

JOnl j. MdSOU, llO NNNNI'
house robber, was sentenced to twenty
years in the penitentiary by Judge
Clancy this morning.
Asked beforehand if he had anything
TO say why sentence should not be passed
upon him. John McClernan, his attorney,
requested the judge to depart from MS
usual course of severity in such cases
and be lenient with the prisoner. In
making the request he stated that he
might not have any legal reason to snow
why sentence should not be passed, but
he felt it his duty to speak a few words
in behalf of Mason.
.sThere was a time said he, when l
thought Mason was guilty, but since the
| trial I nave come to the conclusion that
he is not. This may sound ike a pold
expression. but it is my honest OPINION.
| have made an investigation OF the CIR
! cumstances in connection with the mat
ter and am convinced of his innocence.
A man who holds a high official position
in the state told me he knew the family
Of the prisoner, and its members stood
high in the Ommunlty in when tney
lived. I therefore ask the court to depart
from it's usual course of severity and be
as lenient as possible with the prisoner
"Well.'' said the judge, Il never saw
Mason before he entered this court room.
l sat here and listened to the evidence
and have no doubt that he participated
in the robbery of which he was convicted.
He admitted having had one of the stolen
watches in his possession. He claims to
have bought it from a man in a gambling
house. If such is the case, why did he
hide it under a stone. One witness rec
ognized him by his peculiarly broken
finger. 1 have no doubt of his guilt.
When a man becomes an outlaw and gets
captured, why should he come into court
and ask for mercy. An outlaw will rob
and will add murder to his crime II neces-
sary. 1t is no use to be mild with such
people. l feel it to be my duty to help
protect society. I am here to represent
the people and will therefore give the
prisoner the maximum punishment-20
years in the penitentiary.
Mason had nothing to say In reply.
AS soon as the magic words We're pro-
nounced he arose and accompanied the
bailiff back to the jail.
The mental condition of William A.
Brownlee was made the subject for an
inquiry in Judge Clancy's court at 4
O'Clock Yesterday afternoon, and at the
conclusion Of the investigation, which
lasted only a few minutes, BroWnlee was
pronounced insane and ordered commit
ted to the asylum.
Brownlee was arrested Thursday and
detained in the portion of the county jail
kept for people whose minds are affected.
He is an old soldier and during the last
few years has followed the occupation of
faro dealing. He is So years old. When
brought into court he was quite violent.
Mintie S. Worthington was granted a
decree of divorce from II. G. W~OrthingtOn
in Judge Clancy's court yesterday after
noon. The ground upon which the com
Dlaint was based was ALLEGED cruelty. A
jury heard the testimony and decided the
case.
In the S26, 900 damage suit of William
Wilson against the city of Walkerville
and Dennis Driscoll, an amended COM
plant has been filed in the district court.
Barney Mckinley has commenced an
action in the district court to nave the
lease to the NJ. & NJ. gambling house
property Cancelled. Robert Alberdine,
Edward Dougherty and Joe Satterlee are
named as the defendants. The lease, it is
alleged, was entered into in October Of
1897, mckinley and the defendants secur-
ing it from John O'Rourke. Some time
ago Mckinley sold his interest, but as the
; lease involves a rental liability of $500 per
month he is anxious to have it straight
ened out.
The county attorney filed a complaint
in Justice Nichols court yesterday charg-
ing Joseph Smeizer with the crime of per-
jury. Smeizer was arrested and placed
under 81 900 bonds. In a suit in Justice
Bliss court early in January Smeizer is
ALLEGED to have sworn that he had not
worked for the Butte & Boston company
under the name of Joseph Smith.
$40 sets teeth $40, Dr.. WiX,