Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1901-04-25
SERVED A QUEER SENTENCE.
The Novel Judgment Passed by His.
souri, Judge Upon Two
Prisoners.

Along in the '70's the late Judge
Arnold Krekel, the well-known pred
ecessor of Judge Philips on the fed
eral bench, was holding court at JET
ferson City, relates an old timer,
when there appeared before him two
men charged and indicted for 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 raised on
the border in Arkansas and never
had any opportunities for schooling;
hence was unable to read or write.
In his endeavors to get living he
had cut timber suitable for making
ak handles on United States lands,
which led to his arrest and impris-
onment. The other man will be
called Jones, says the Jefferson City
Tribune, for the real names of both
men are not known in the memory
of anyone who witnessed the Incl
dent.
Jones was charged with and in
dicted for having sold liquor to the
Indians. Mr.. Jones was native Of
New York, graduate of Union col
lege and was educated for a lawyer.
He possessed q highly cultured mind
"a good Latinist and thoroughly
scholarly in all sorts of books. Not
succeeding in his profession in his
native state, more from lack of ap-
plication than otherwise, he left that
country and plunged into the great
west and located nobody knew where,
but he drifted into the lower strata
of society, and to obtain the neces-
saries of life he resorted to shoot
Logging" 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 their history. He recounted the
wrongs they had been guilty Of
against society. He did this in a
kindly tone and manner, suggesting
in q mild form that both might have
been useful members of some COM
munity had they sought honorable
means and methods to secure liveli-
hood.
The court seemed puzzled how to
assess punishment that would meet
the ends of justice, protect the gov
eminent, its lands, its wards and So
ciety. Finally, sitting upright in his
chair, looking over his glasses, as
both men stood before him, in voice
little louder 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 un-
til you are educated to read and
write" The judge then turned his
eyes upon the other prisoner at the
bar and, possibly in louder voice.
said: "AIr. Jones, it is the sentence
of the court that you be confined
in the Cole county Jail until you have
and enjoin upon the keeper of the
Jail to afford you every facility pos
sible with the safe-keeping of his
prisoners" The lawyers and spec
tators in court looked with astonish-
ment at each other 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 court that Brown had completed
his education-ready to graduate
able to read and write. Judge Krekel
looked over his glasses and asked
that the prisoner give him an EVIL
dence of his being able to read.
Brown stood up and read few para
graphs from newspaper to the sat
isfaction of the court, when he said:
''Mr. Clerk, will you let him sit at
a table and write me letter." Pa
per, pen, ink and seat were fur
nished Brown, who went to work to
write letter to the court. For some
time the poor fellow struggled with
the task, and in the meantime Jones
was very nervous, fearing he would
be compelled to go back to Jail and
stake up school, again. Finally the
clerk said: MAY it please your
honor, the prisoner can write, but
cannot form sentences to make it
Ineligible" "Mr. Clerk" said the
court, not taking his eyes from the
court docket he was looking at, "you
will dictate a letter for him and see
what Roadway he makes with that"
The clerk dictated a letter that the
prisoner wrote quite readily, which
subsequently was passed up to the
court, who read the same, and after
giving the prisoner = short lecture
both were discharged and walked
from the courtroom free men.