Sunday morning globe., 1901-10-06

please has been thrown uOWu 10 lhe
State when the opportunity still ex-
listed to accept the same. II is now in
like manner offered to the court, more,
indeed. to emphasize, II your honor
please, my fearless acceptance Of an
unjust sentence than with any inten-
tion of exciting sympathy either in
the court. the press, or the public, I
hold my honor dearer than that lib
erty your sentence is about to deprive
me Of and It Is this heritage Of un-
sullied character-the last and most
priced of my possessions wish to
leave my wife and children untarnish-
ed by the evidence which condemns me
to a felon's cell.
have held my head on level with
your honor's and with the best and
highest citizens of Columbus (here the
Judge nodded an assent), and now, in
this supreme and solemn hour Of an
untoward destiny. l gratefully thank
the God of my fathers that l fall In
the vindication Of pure womanhood
and in defense Of my wife and family
If this is to be the end, | salute with
the fortitude Of my race the DEGREES OF
Providence, and take to my cell the
consolation that my pen and voice we're
ever at the service Of the unfortunate
and the oppressed. / am now ready TO
hear the sentence of the court
The Judge heaVed a great sigh OF re-
lief He was nervous and fidgety dur
ing the few minutes 1t took me to de-
liver the extempore remarks quoted,
evidently expecting that my 'impe-
rious temper" would become uncontrol-
liable and that / would break out in
fierce denunciation OF his covering
self. It took him several minutes to
recover from his pleased surprise. He
then. without the usual reference to
"a fair trial and impartial verdict and
Just punishment" passed the sentence
provided by law.
win your honor permit the prison
er TO remain i'm Jail pending an appeal
to the Circuit Court
mot an hour; not a minute longer
! than is necessary to make out the pa
pers for his transfer to the peniten-
! tiary," fiercely responded Pugh. Now
that all danger Of any expose of his
! conduct had passed and my last oppor-
tunity was gone to tell the public how
he negotiated. through Detective
Burns to become my trial judge Pugh's
courage and vindictiveness in equal
parts asserted themselves, and he
swelled and puffed himself to double
| his usual size, as he loudly exclaimed:
Sheriff. remove the prisoner
BY my express wishes none of my
| family or kinfolk we're in court to hear
my sentence, and they awaited me in
/ the Jail where / communicated 70 them
| Pugh's decision. This was the first
breakdown and the last of my wife and
! children. / ascertained that the pa
pers would be ready Monday morning
and / therefore made all my arrange
ments to be transferred to the peni
tentiary on that day. The States pris
on being located in Columbus, my
transfer worked no other hardship
than the deprivation of unrestricted
interviews with my wife and children
over and above. of course, the humili
alton and disgrace of becoming a con
vict. But / had no difficulty in point
ing out to wife. children and relatives
that the disgrace of being a crimina
or convict lay in the crime committed
and not in the penalty paid and thai
! inasmuch as | had committed nc
| crime. and was neither a criminal 10y
| instinct design, or act. therefore, the
/ disgrace touched me not, and 1 simply
bowed to the superior but unjustly ex
| ercised powers Of the State. Besides
! I would surely be granted a new trial
and as the Supreme Court met in Oc
tober. would only be in the penlten
tiary a few months. My counsel, Gen
eral Powell, also added some consola
ton in stating that / would be trans
ferred back to the Jail as soon as my
| petition was filed, which would be as
soon as he could get the record, which
was Voluminous, prepared. 1t would
take a few hundred extra dollars tC
prepare the record, and Pugh assured
him that he would order my transfer
as was customary, back to the jai
when the appeal was lodged with the
clerk Of the Supreme Court, On Sat
urday afternoon the general called t
get a check to pay for the record He
then said: Colonel, / am completely
tagged out from this case, and I am 90
ing to Atlantic City for a few weeks
with my wife. Meantime the prepara
ton OF the record will be going on.
will return when the typewriter vol
ume is ready. get Pugh to sign it, anC
4 have you back here In six weeks. Now
need little money for the trip
"How much do you want, Tom|
'Well, about $500; l guess that viii
be enough
1 gave him the money, Of course, t
recuperate his exhausted energies anC
enjoy himself at Atlantic City. I spen
my last Sunday in the Jail Of FRANKLIN
County with my wife and children
who spent the afternoon in my cell b!
the courtesy OF the sheriff, Brice Gus
ter, a half-brother Of the ill-fated anC
gallant general who was butchereC
with his command by Sitting Bull ant
his band of Indians.
This sheriff Custer, was, however
b unlike the brilliant, fearless, and dash
r ing soldier He was uncouth in ap
pearance and a small politician, VIII,
begged and crawled his way to thl
! shrievalty nomination, and was elected
; on his brothers name and renown. M!
paper supported his pretensions an'
he always expressed unbounded graft
b tude. but when | became his prisone
, all this was changed. He bowed be
J fore the mob and the newspapers, an'
, in every way made things uncomfort
b able and disagreeable for me in thl
iafl Such privileges as | pniOyed Werl