Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-02-21

Dunn GWEN The LIMIT
Will Join John Gray For Eight
Years In Fort Madison For
Manslaufhter.
Judge caswell. In Pronouncint
judgment. Scores Prisoner
For His Actions.
Says the Jury Ought TO Have
Found Him Guilty Of 70
HIGHER Degree.


Higher Degree.
Pat Dunn, convicted OF granddaughter
in connection with the murder of the
colored man, Joseph Williams, last
August, was today sentenced to eight
years at hard labor in Fort Madison
prison, and at the same time was given
a scoring by Judge caswell that would
have been worse to some people than
the sentence.
Dunn was brought into court at TO-
o'clock, and his COUNCIL argued a motion
for new trial, the argument consuming
e-quarters Of an hour. The counsel
insisted that the evidence did not war
rant the verdict OF the jury, because it
did not show that Dunn fired the fatal
shot; that the court erred in instructing
the jury relative to murder In the first
degree, and also in his Instructions
concerning the aiding or abetting of
the crime of murder. Judge Caswell
overruled the motion and said he would
outline his reasons when pronouncing
sentence.
The prisoner was called before the bar
and for half an hour suffered the ag-
ony of standing before court room full
of people and receiving a COOL deliber-
ate lecture in which Judge Caswell re-
viewed the case and the Deductions
drawn therefrom. The court called ats
tention to the fact that Dunn had been
given two continuances and had ample
time to prepare for his defense; that he
had been defended by two law firms in
an able manner at no expense to him
self. which was a privilege not usually
accorded to a prisoner; had been given
fair trial by good jury. Dunn, in re-
ply to a question OF the court said he
had nothing to say Why sentence should
not be pronounced further than that he
was not guilty of the crime charged
The court said it was clearly within
the province of the jury to find the YER
dict 1t did; that While there was some
doubt as to whether more than one per-
son had fired tlles hots it was certain
that poor old man had been killed
who. had he been of the tramp's own
color would possibly not have been mo-
Tested; but whether white or black, the
law accorded him the same protection
The judge said 1t is posi- Bile that if the
defendant had not been a tramp, but a
law-abiding citizen of good character,
he might not have been convicted. The.
case ought to teach the prisoner and
all others that good character is a
good thing to have at hand when trou-
Die comes. The court said he could not
imagine good man, If he knows. stand
ing by and not trying to apprehend
guilty one: that a good man, under such
a
implicated himself. and would not be
inclined to run away when the crime
occurred, as Dunn did. The court said
he believed that Dunn either committed
the crime or aided and abetted Its ac-
complainant, and that the only incon-
sistency he could see In the case was
that the jury did not find him guilty of
g higher degree-secon degree murder
at least. 1t was a premeditated crime.
because the old man VISA running away
at the time and trying to escape from
pack of brutes. Judge Caswell said
these We're the reasons he refused to
consent to receiving a plea of guilty of
manAaughter on promise of making the
sentence five years. The court fixed the
amount of the bail bond at $4,000. but
II Is not thought the case will be ap-
pealed.
BERNsTEINs IN COURT.
bernstein Bros. were before Judge
Casweli Wednesday evening summoned
on the request of various creditors
among the wholesale liquor and cigar
Dealers to be examined regarding their
property and the disposition thereof
The creditors claim to have reason TO
believe that some of the assets Of the
concern are being covered up The
members of the firm and several other
witnesses have been examined and the
hearing was taken UP again this after
noon. The affairs OF the firm seem to
be very badly mixed.
The saloon on North Center street
was closed again Wednesday evening
under an execution secured by the cred
ssttors and the Adolph Bernstein resi-
dence on North First street has been
attached. Mr.. B. Arie. of Boone. rel
alive who has been trying to assist the
firm out OF Its financial difficulties and
who recently purchased the bottling
works In this city, can not claim the
saloon because the business has not
been conducted In his name and he has
no license to sell liquors in this city.
HABEAs CORPUS.
Chester Cleveland, who was brought
to the city Wednesday and placed In
Jail to await the action of the grand
jury after being convicted OF threaten
ing to commit great bodily injury on
the person OF Peter Robinson, OF s.. An
sthony. Is seeking to secure his release
by habeas corpus proceedings and the
case was brought before Judge Caswell
this Afternoon. The time for the final
hearing was fxed for Saturday after
noon. Cleveland claims that the COM
hitting Justice, Mr.. Nichols. OF Mi
nerva. had TO jurisdiction and the case
in the district court will be fought on
that issue.
OTHER COURT MATTERS.
Judge Caswell has announced his de-
cislon in the Beale- Patterson partner
Ihip controversy from Gilman. and the
ruling is favorable to the defendant,
Patterson. He afilrms all the partner
rhip matters in the settlement and the
PLAINTIFF petition. in which about $1,000
was claimed, 10 denied. However, 100
acres Of Nebrarka land, which is not
very valuable, is to be turned back to
the plaintiff and the balance on an old
note isto be paid. The costs are taxed
to the plaintifke
Il. s. Pcckham against j. F. Rocken-
field was tried by the court and submit
ted. This wss an appeal from q justice
court, in which Mr.. reckham secured
Judgment on n n order 1iyen by ROcken