The Minneapolis journal., 1902-07-01
MORN" KING
LEARNS FATE ] !,
The Convicted Detective Sen
fenced to 3 Ia Years
in Prison.
His Appeal Will Settle an
Ambiguity Regarding
the Law. -.


prison at Saltwater.
That was the sentence imposed by Judge
Simpson in the district court this morn
ing. 1t was imposed after Kings attor-
ney, Victor ]. Welch had made motion
for short Jail sentence and the motion
had been overruled.
The crime charged, Of which King was
found guilty, was that of being accessory
to a felony after the fact, and was in con-
nection with the disappearance Of the now
famous Hooper diamond.
King took the sentence without a
culver.
The Laws Delays.
King will not go to Saltwater very
soon, however. In the first place, he is
already out on bail for thirty days pend
ing the hearing of a motion for a new
trial. This stay was granted this morn
ing after the filing of bond for $4,000 for
his appearance. The sureties on the bond
are John Flanagan and Mrs. Mary e.
Ranger.
Should this motion be denied, con-
tingency which the defense rather expects.
an appeal will be taken to the supreme
court. Then King will be released again
pending a decision by the supreme court.
1t will be at least November before the
case will be decided and if the lower
court is sustained King will then go to
saltwater. His sentence dates from the
day he arrives at the prison and assumes
prison garb and not before, so the present
tactics, unless the lower court is reversed
will have no other effect than to defer his
admission to the penitentiary.
Judge Simpson listened to the argument
very carefully and announced that he
would hold Section 6314 as applicable to
the present case. Sections 6263 and 6314
could not both be given force, as they
covered the same field. There was no
question but that felony had been COM
mitted and according othe verdict of the
Jury the defendant was an accessory to
IT, The later provision would govern. n
al. Arguments on Sentence. :g.-a
rs Detective! King was inclined to be very
serious when he came before Judge sinp-
son this morning for sentence. It de-
pended on his attorney whether he was
sentenced for one year or much longer.
THE King matter may be taken up
now announced County Attorney Board
man after the clerk had called the roll of
the jury. Attorney Welch approached the
short sentence by reading four sections
of the general statutes as follows:
Section 6263-Whoever after the commits
sion of any felony not standing in the rela-
ton. Of husband or wife. parent or child, by
consanguinity or affinity to the offender, har-
bors, conceals, maintains or assists the prin-
cipal felon or accessory before the fact, or
gives such offender any other aid knowing
that he has committed felony, or has been
accessory thereto before the fact with in
tent that he shall avoid or escape from de-
lection, arrest. trial or punishment, shall be
deemed an accessory after the fact, and be
punished by Imprisonment in the county Jail
not more than one year or by fine not ex-
ceeding 5000 or both.
Section 65s1-Chapters e5-10 Of general
statutes Of 1878 and all acts and parts of acts
which are inconsistent with the provisions OF
this act are repealed so far as they define
any. crime. or impose any punishment FOL
crime, except as herein provided.
Section 62S6-A person convicted of a crime
declared to be felony or for which no other
punishment is specially prescribed by this
code or by any other statutory provision In
force at the time of the conviction and sen
tence, is punishable by imprisonment in the
state prison or county Jail for not more than
seven years, or by a fine Of not moro than
81, ,00O or both.
Section 631+Except in case where diff
ferent punishment is specially prescribed by
law, person convicted as an accessory to
felony is punishable by imprisonment In
the state prison a county Jail for not
more than five years or by fine Of not more
than $500, or by both. - =
Mr. Welch then proceeded to argue
that the section es51 did not re-
peal section 6263, which fixes the
smaller penalty, and that there was moth
ing inconsistent between section 1851 and
section 1914, wherefore, the former, in his
opinion, should govern the sentence in
the King case. #. :. 49,.
Mr.. Smith for the State.
Assistant County Attorney. AL j.. Smith
replied to the argument briefly. He
claimed that the provisions of the penal
code, were absolutely inconsistent with
the statute so far as such an offense as
accessory after the fact to a felony is
concerned. He read definition Of an
accessory and provision OF the statutes
fixing the punishment at from one to five
years in the states prison or county jail
which, he maintained, made the crime a
felony: Mr.. Smith suggested that If the
court upheld the states contention the
point could be raised by the defense on
appeal and settled definitely, while other
| wise the point would remain unsettled, as
! the state cannot appeal. -
King Is Questioned
"Then move at this time that sentence
be passed announced County Attorney
Boardman. = .--.. ~ s:'s.;.@Ts,s->e :
| Nathaniel w, King, the defendant, was
! thereupon sworn. - -; IS.
What is your age, Mr.. King?''a asked
| Judge Simpson. - -: - !
IT will be so the 2sth of December. !.
| replied the prisoner. Is,
! Have you any mechanical trade or oc-
cupation?" -,rz'., r !. ,....'=...:. +
| Nothing but sailor NJ -. -:
| Are you in the habit of using intoxi-
| eating liquors ?" a.. = ~ ).
| Yes, sir. ...N -. - .g.
/ "Are you in the habit Of gamb1ing?'
mot for some time past .'',-s.s l7
4 Have you anything to say with ref.
ence,-either. you or your counsel,--to the
i punishment to be passed in this case?'
Mr.. Welch said the occasion was no,
an opportune one for saying anything re
4 pardfnp fha concIIsiye11asa of 4 tht