Smyrna times., 1901-06-12
NOVEL PENALTY IMPOSED
UPON TWO GUILTY MEN
UNIQUE SENTENCE PASSED FOR VIOLAT-
ING THE UNITED STATES LAWS.

UNIQUE SENTENCE PASSED FOR vIOLAT-
ING THE UNITED STATES LAWS.
Both Prisoners Condemned to Jail UntiI One
of Them, College Graduate, Taught the
Other How to Read and Write.
Along in the seventies the late Judge
Arnold Krekel was holding court at
Jefferson City, relates an old timer,
when there appeared before him two
men charged and indicted for a viola
| ton of the United States laws, one of
whom will be called Brown. He was
charged with cutting timber on the
| public domain. Brown was about 40
| years old and had been reared on the
| border in Arkansas and never had any
opportunities for schooling, hence was
unable to read or write. In his en-
deavors to get living he had cut tim
ber suitable for making ak handles on
United States lands, which led to his
arrest and Imprisonment. The other
man will be called Jones, for the real
name of both men are not known in
the memory of any one who witnessed
the incident
Jones was charged with and indicted
for having sold liquor to the Indians.
Mr.. Jones was a native of New York,
a graduate of Union college and was
educated for a lawyer. He possessed
a highly cultured mind, a good Latin
ist and thoroughly scholarly in all
sorts of books. Not succeeding in his
profession in his native state, more
from lack of application than other
wise, he left that country and plunged
into the great west and located no.
body knew where, but he drifted into
the lower strata of society, and to OBJ
tain the necessaries of life he resorted
to "bootlegging" among the red men
of the Indian Territory border. His
arrest and Imprisonment followed.
The two men were arraigned before
Judge Krekel and the indictments
read. They both pleaded guilty and
threw themselves upon the mercy of
the court. The court questioned both
prisoners at length and drew from
each his history. He recOunted the
wrongs they had been guilty of against
society. He did this in a kindly tone
and manner, suggesting in mild form
that both might have been useful men,
bers of some community had they
sought honorable means and methods
to secure livelihood.
The court seemed puzzled how to as
| 81 nnnic q nf11nr1f fhaf -x-Ot1l6 ~
ends of justice and protect the govern
ment, its lands, its wards and society.
Finally, sitting upright in his chair,
looking over his glasses as both men
stood before him, in voice little loud
er and more positive than usual he
said:
"Mr. Brown, it is the sentence of the
court that you be confined in the Cole
county Jail until you are educated to
read and write" The judge then turn
ed his eyes upon the other prisoner at
the bar and. possibly in a louder voice
said, ''AIr Jones, it is the sentence of
the court that you be confined in the
Cole county Jail until you have taught
Mr.. Brown to read and write, and !
enjoin upon the keeper of the Jail to
afford you every facility possible with
the safe keeping of his prisoners"
The lawyers and spectators in court
looked with astonishment at each 9th.
er as the sentence was concluded, and
the marshal led the prisoners out OF
the courtroom
1t was the second term of the court
after this incident when the marshal
conducted Brown and Jones into court
and it was announced by the cour
that Brown had completed his educa
tion-ready to. graduate-able to reaC
and write. Judge Krekel looked oveI
his glasses and asked that the prisoner
give him an evidence of his being able
to read. Brown stood up and read {
few paragraphs from a newspaper t.
the satisfaction of the court. when HI
said, "Mr. Clerk, will you let him si
: at table and write me a letterY
Paper, pen, ink and a seat were fur
e nished Brown, who went to work t,
y write letter to the court. For som,
! time the poor fellow struggled will
the task, and in the meantime JOne
, was very nervous. fearing he woult
: be compelled to go back 10 jail an,
i take up school, again. Finally th
It clerk said, MAY it please your honor
the prisoner can write, but cannot form
e sentences to make it ineligible"
! "Mr. Clerk" said the court, not tax
" ing his eyes from the court docket h
q was looking at, you will dictate a let
ter for him and see what headway h
: makes with that" The clerk dictated
/ letter that the prisoner wrote quit
y readily, which subsequently was pass
- ed up to the court. who read the same
d and after giving the prisoners shor
J. lecture both were discharged an
ic walked from the courtroom free mel
: Jefferson City Tribune.