The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-03-25
GUILTY AS CHARGED.
From Sundays Daily Gazette.

From Sundays Daily Gazette.
Five years Imprisonment in the
state p%enitentiary is the punishment
fixed by the jury that tried C.. w.
Clark for the crime of statutory rape.
Hearing of the testimony having
been concluded the evening before,
when court convened yesterday morn
ing the attorneys made their argu-
ments. That of the county attorney
was, of course, for a conviction and in
support of the demand he called at
tention to the clear and indisputable
manner in which the state had made
out it's case. He said the jury should
not consider anything but the bare
facts and should not permit any senti-
ment or pity to bias their judgment;
that the fact had been established
that the complaining witness had not
arrived at the age of consent and con-
sequently the defendant was guilty
as charged, as mo- proof had been
brought showing he had not had
carnal knowledge of her.
Mr.. Lane for the defense made the
most of the little material he had on
which to base an argument and said
his client had been guilty only of a
possible technical wrong and asked
the jury to deal with him as the re-
cording angel would when summing
up his acts in this world.
From the first those who had heard
the testimony believed that the pris-
oner could not hope for anything bet
ter than a disagreement, az the proof
of his guilt was too strong to permit
of a jury to bring in a verdict of &C
quittal. although not a little sympathy
with him was expressed, for all con-
coded that he was not the only guilty
one. connected with the affair. AS
the hours passed. and nothing was
heard from the jury the belief
in a thung jury" grew stronger. Final
ly. about 4 o'clock, a bailiff entered
the court and announced that the jury
udu dSIG0u upOu d NCiu1SC. Iotl w
lions we're given to have the prisoner
produced in court and a little later he
appeared, guarded by Deputy Sheriff
Robbins.
Prisoner Is Unmoved.
Clark appeared cool and unconcern-
ed and seemed to be the one least in
terested in what was about to take
place. He quietly took his seal and
merely took a passing glance at the
jury as it's members filed in with seri-
GUS, solemn faces. Ever when the
verdict that condemned him a felon
was read he permitted no outward
sign to betray his feelings, save that
his usually firmly set jaws were seen
to come together with a quick, spas
modic motion. But like a flash his
features relaxed and he once more
| became the same, impressive, emotion
less individual he had been during
the trial.
On the request of the attorney for
the defense the jury was polled and
each answered that the verdict read
was the one on which they'had agreed.
Date for Sentence.
Judge Loud fixed Tuesday, March
25, at 9 o'clock as the date and time
for passing sentence and remanded
the prisoner into the custody of the
sheriff.
While the law and the evidence
were against the aged prisoner, the
fact that the jury fixed his punish
ment at the minimum admitted under
the statutes, was accepted by those
who heard the case that the jury con-
| sidered the circumstances attending
the commission of the offense charged
we're such as to warrant the exercising
of ~leniency in dealing with the guilty
man. .-