Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-05-02
A UNIQUE SENTENCE.
!NE NOVEL PENALTY A JUDGE I'M
: POSED UPON TWO MEN.

!YE NOvGI PENAL "A JQO6E tM.&
: POSED UPON TWO MEN. +: y
TAI Until One OF Them. College
Graduate, Taught the Other How to
Read and Write. w
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 vas 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 a living he had cut tim
Der 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, q good Latin
list and thoroughly scholarly in all
es0Nfe, ~ Aoo?~~ Ma ~rr@&~4l;-o i~ Lsn
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 n~ecessaries 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
"AOASo IACy A1oA DCGA guilty Va dSdluSl
society. He did this in a kindly tone
and manner, suggesting in a mild form
that both might have been useful men,
bers Of some community had they
sought honorable means and methods
to secure a livelihood.
The court seemed puzzled how to as
sess a punishment that would meet the
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 a voice little loud
er and more positive than usual he
said: .
mi. Brown, 1t 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, "Mr. Jones, it is the sentence Of
the court that you be confined in the
Cole county Jail until you have taught
MI. Brown to read and write. and l
| 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 establishment at each 9TH
er as the sentence was concluded, and
the marshal led the prisoners out of
the courtroom. 3D..
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 educa-
~tion-ready to graduate-able. to read
and write. Judge Krekel looked over
his glasses and asked that the prisoner
give him ain evidence of his being able
to read. Brown stood up and read a
few paragraphs from a newspaper to
the satisfaction of the court. when he
said, "Mr. Clerk. will You let him sit
at a table and write me d. letter.
Paper, pen. ink and q seat were fur
nfshed Brown. who went to work to
write a 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
take up school" again. Finally the
clerk said, May it please your honor.
the prisoner can write, but cannot form
sentences to make 1t Ineligible"
"Mr. Clerk" said the court, not TAX
ing his eyes from the court docket be
was looking al, you will dictate a let
ter for him and see what Roadway be
makes with that" The clerk dictated a
letter that the prisoner wrote quite
readily, which subsequently was pass