The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-12-14
Judge Hazen Says S. E. YOe-
man Only Technically Guilty.
His Act That of Person Pro-
tecting His Property.
MINIMUM SENTENCE.
Given Six Months In the County
Jail.
Case Will Not Be Appealed to
Supreme Court.

, Judge Hazen today sentenced S. E.
! Yoeman to six months Imprisonment
in the county Jail for shooting David 7.
Jackson last June. This is the lightest
+ sentence that could be imposed for
/ manslaughter in the third degree, the
verdict returned against Mr.. Yoeman
by the jury Wednesday morning.
! Mr.. Yoeman will accept the sentence
and will make no further effort to fight
the case.
Mr.. Yoeman was brought into the
district court room at IL O'Clock this
morning to receive his sentence. He
| was accompanied by his attorneys, T.
| F. Doran, Dennis Madden and L. 5.
Ferry. Only a few spectators were
present at the time. Neither Mr. Yoe-
mans wife nor daughter We're present,
nor were any of the Jacksons.
Just before sentence was pronounced
Mr.. DOran made a formal motion for
a new trial. which was overruled by
Judge Hazen. Both of these actions
were mere formalities.
Mr.. YOeman," said the judge, you
have been convicted of manslaughter
in the third degree. Have you any
thing to say why sentence should not
! be passed upon yOu2'
Mr.. Yoeman, who is a little hard of
hearing, leaned forward with his hand
to his ear to catch what the judge said,
3
and said:
Il don't know that I have anything
! to say further than that I am innocent
of the charge against me-"
As he sat down Mr.. Madden rose and
made a short address to the court, in
which he said that While the defense
did not believe the verdict a just one,
it had been decided to accept it, as it
is necessary to meet with injustice in
this world. He said Mr. YOeman had
been the victim of certain circum-
stances which had been hard to COM
bat and he did not censure the court or
jury in any manner. Mr.. Madden spoke
at some length and in closing thanked
Judge Hazen for his fairness in the trial
and asked that he temper his sentence
with mercy as he had his decisions with
"One of the most unpleasant duties
that a court has in cases of this kind
said Judge Hazen, is the passing Of
the sentence. In many states the jury
fixes the punishment when it returns
I a verdict This is quite a relief in many
; instances to the court. But in this state
the jury passes upon the guilt or in
nocence of the defendant and the SEN
tence is left with the court
In this case the evidence shows that
the defendant is reasonably well along
in years. He is % years old. The evil
dence shows that he has always borne
a good reputation. He lived in Chase
county for many years and his neigh
bOrs testify that he was a peaceable.
! laW-abiding citizen. The testimony of
both the state and the defendant goes
to prove this. 1t IS true there were some
who insinuated otherwise. but that did
not prove him to be a bad man. They
could not point TO any special unIaw-
full act that he had never committed.
This. then, is his first criminal act,
and there are mitigating circumstances
surrounding this which the court takes
into consideration In the first place,
the horses over which the controversy
arose were in the stable. It is not
necessary to pass upon the right of the
defendant to retain possession of those
horses-that is. the legal right-but he
thought he had the right He was as
serting that claim when the trouble oc-
Cured. H. O. Jackson had left the
premises and David T Jackson and
WeIden returned for the purpose of get
ting possession of the horses. There is
no doubt in my mind but what the de-
fendant gave them to understand then
that they could not get he team with
out trouble. There is no question but
what David Jackson held. and chOked
to a certain extent the defendant, while
+ Welden took the horses out David
Jackson in his dying declaration says
so When he was loOsened the team
had been taken from the barn. Smart
ing under this treatment the defend
ant went into the house. got his revOl-
YER and went out again for the purpose
of preventing the further taking of the
horses. I am not prepared to say that
he went out there to kill David T. Jack
son. I believe that the jury found that
he fired the first shot, and the verdict
is. to my mind, a consistent one, and
+ the court is satisfied wit it.
-.Of course, the law was violated. but
it was no more than nine men out of
ten would have done under similar cir
cumstances. It is human nature Over
powered by strength, seeing ones prop
/ erty taken by force is liable to cause
/ one to go beyond the limits allowed by
law when the opportunity presents.
Mr. YOeman did no more than many
other good men would have done under
like circumstances, but sTnarting IN
der the treatment he had received, he
overstepped the bounds of law.
The court is satisfied with the YER
/ dict. The defendant has been well de-
Tended and his case has been well
placed before the jury. He has had a
fair trial and the jury has passed on
the questions of fact While the YER
dict of the jury is binding upon the
3 court to a certain extent, the court
/ must also be satisfied with it or set
/ it aside.
| Considering the age of the defend
: ant. considering the good reputation
that he has always borne. considering
( the fact that physical force was used
t against him. I think that the court
+ ought to impose the minimum sentence
that the law allows. The sentence may
/ county jail to three years in the peni-
Tertiary. but the court does not feel
( that it would be justified in imposing a
penitentiary sentence Therefore I wiz
/ sentence the defendant to confinement
for six months in the county jail
After sentence had been passed. Mr..
! YOeman was taken back TO the county
/ Jail and assigned to the room in the
/ southeast corner of the Jail on the sec
ond floor. This is simply an ordinary
room with grating placed on the win
! dows. and is the cell in which John