Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-31
Question OF Right to Withdraw
Plea OF Guilty Will Be
Taken up.
Supreme Court Asked to Inter-
fere in the Case Of Cher.
okce Murderer.
Judge Lewis Says Severity Of
Sentence Is Not Justified
in Clients Case.
70 Tin;es-Republlcan.

Special to es-Republican.
Sioux City, Jan. Silt is stated by
Judge Lewis, counsel for Harry Hort
man, the young man who was SEN
fenced to death at Cherokee for the
murder of Florence Porter, that an ap-
/ peal will be taken from Judge Wake
fields ruling that the plea of guilty
could not be withdrawn.
reverse the decision of the lower court
/ in this case" said Judge Lewis. In
the first place, the law gives a prisoner
time after his conviction and before
his sentence is passed to take further
action, and this time was denied
HOFFMAN. He was sentenced to death
at once. But aside from the questions
of law in the case, the sentence is
entirely too severe. The circum-
stances do not justify such an extreme
and awful punishment as was pre-
scribed by the court. Hortman Is a
young man scarcely out of his teens
He has not been bad boy. OF course
most boys are, but he had never been
arrested before in his life. He fell
in love with that girl. and they did
not get along well. She had refused
to marry him.
He worried over this state of things
and drank some liquor to try to relieve
his spirits. He was not angry when
he called upon her in that condition.
He merely desired to try to induce her
to marry him. When she fatty re-
fused to listen to him and started
away from him, he became for the
moment insane with jealousy and rage
and fired the shot that killed her. He
has suffered a living death since then.
l do not believe the statutes for hang
ing contemplate taking the life of
young man who commits crime I'M
premeditated and and who has good
record. 1t Is intended for men who
are hardened criminals. men who have
committed murder deliberately with
generalization, and who are dangerous
to the community and to society in
general. Hortman is a poor boy, but
his case will be fought to the end"
Judge Lewis has in his possession
letter which was written by young
HOFFMAN in the Jail few days ago
and addressed to his mother, father
and brother. HOFFMAN has often said
since the crime that he was grieved on
account of his mothers suffering over
the affair more than over his own fate.
This makes the letter more touching.
Hortman's mother, father and n
brother who is IA years of age spend
q good deal of their time in tears. 1t
is as follows:
Cherokee, Ia. Jan. 20, 1902.-My
Dear Mother Father and Brother:
What is the matter? Won't they let
you come up here any more. or are you
sick? know it is pretty hard to
thing Of but. mamma, I believe it is
the Lords wish. and I am going to
o, it is so hard to think Of I am go |
Ing to a better land than this, and ! |
hope will see you all there some day
oh, my dear little brother, don't ever |
touch a drop of liquor! 1t is your
brothers last wish. God only knows
never would have come to this ii 1t
hadn't been for liquor. am as we'll |
as can be expected. l feel some better
today than yesterday. From Harry"
+. B. Kellogg, who called upon the
Hortmans. was shown the letter and
The fear was expressed by the parents
hat the young man was contemplate
ng suicide. Mr.. Kellogg was request
I'd to go to the Jail and see that he
vas not allowed to injure himself in
lis desperation.