Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-01-31
Ball SENTENCED
70 FOUR Years
Judge Caswell Talks Plainly to
Him and Gives Him Good
Advice
SLAP AT CITY ADMINISTRATION
LAP AT CITY ADMINISTRATION
Court Says That In Looking at Ball
May Be Found the Product of Nom
enforcement Of Laws-Ball Does Not
Confess to Judge in Chambers on
Material Points.

Confess to Judge in Chambers on
Material Points.
owen Ball the young man who has
been on trial for the burglary OF the
Bee Hive store, and who was recently
convicted and later acknowledged his
guilt, was this morning sentenced by
Judge Caswell to four years in the pen
itentiary at TT. Madison. The last
effort to gain complete confession
from the youthful criminal was of no
avail, and Ball told Judge Caswell but
little Friday afternoon that he die
not already know.
The boy held out with that same
|doggedness that has marked his Grim
inal career. He insisted that he was
alone and had no accomplices what
ever. While Judge Caswell told him
he could not believe him, and Ball
must have realized that his future
condition would not be bettered. he
refused to swerve from the stand he
had taken and maintained turnout the
entire time OF his Jail life and trial,
He admitted to the judge that he was
guilty OF numerous other burglaries, as
was suspected at the time Of his arres'
when articles from the G. j. Lander
store, where Ball was employed, and
from LaShelle & Cooks. which had
also been robbed shortly before the
Bee Hive theft occurred, had been
found with portion of the depart
ment store plumber. Ball also confessed
to have stolen more from the Bee Hive
than was found, but he refused to tell
where it is, further than to state that
ne sold 1t to peddler. This judge
Caswell also informed him he did not
believe.
To the prisoner, in passing sentence,
Judge Caswell made it plain to him
that he would give him another op-
portunity to confess after he had ar
rived at the penitentiary.
Ball was brought into court few
moments after O'clock by Deputy
Sheriff Hutson. and took seat within
the railing, beside his attorney The
court room began to fill with spectators
shortly before 8, the same amount OF
public interest being shown as has been
manifested thruout the entire case
Judge Caswell spoke to the prisoner
asking him If there was anything fur
ther he wished to say, why Judgment
should not be pronounced. He replied
mo, sir" The court then asked his
attorney If he had aught to say In be-
half OF the prisoner. Balls attorney
spoke briefly. saying that 1T was, he
supposed. in the interests of the crimf-
nal law not to take vengeance on vio-
lators, but to protect the public peace
He thought his client deserving of more
consideration than usual because Of his
age, and said that he was younger than
his years indicated. His character. prior
to the stand he had taken. few months
ago, was good. Whether or not the prls-
oner was a menace to society Inc
thought the court should decide. de
considered the boy too young to have
had his character formed, and IL sent tC
the penitentiary for a long term, while
his character was In the process of for
nation, when released he might become
| a menace to society. Il can't ask the
court to excuse this boy" the attorney
| continued, and remarks that might
| have made are not now applicable AFT
ter the developments OF the past few
days. think there has been as much
| II not more, leniency shown this de-
/ PENDANT by the court than any other
| have ever known. In some instances
wiren prisoner Is poor he does moi
have an equal chance with others, bur
| it is not true In this case"
Judges Heart to Heart Talk.
Judge Caswell spoke at length tt
Ball, and took occasion to give publicly
some good advice to the prisoner, anc
to again urge upon him the possibilities
IL a confession were forthcoming, ever
| after he had been incarcerated. Judge
| Caswell spoke as follows:
.I regret to say that within the eff
forts of the last few days. in trying t.
get ait all the facts of this case, I an
| now only certain of a very few Things
and that / am certain OF is that you
young Ball, are thoroughly unreliable.
haven't found that you are inclined tc
tell me the truth at all, but have found
to a certainty that you will tell any
story you think will benefit yourself
without any regard whether 1T be true
| or false.
II know to certainty that you are
guilty OF this crime, not only this, but
seven or eight like crimes. in addition
to the crime OF perjury. Farther thar
that do not feel that know anything
to u certainty. What you have said t.
me, and your conduct in my presence
flassl led me to believe that you feel but
little remorse, that you feel but little
regret for the commission of this crime
SENS to me, and, in fact, you are the
only person who has ever been before
me during my short service on the
bench who would come to me day
after day and tell me a story, and, wher
you found it would not avail you any
thing. come back the next day and tel
a story Numerically opposed Yor
must have thought me very stupid.
'Now don't wish. principally on ac-
count OF your age, to be harsh with
YOU: in fact, had hoped to be lenient
and find you penitent boy, boy re-
solved to be truthful and honest from
now on, but you have given me nc
chance to consider 1T.
1T is true that every time you have
been before me you have confessed
more. 1t is true that you have told me
of your dissipation and crimes, and
so far as the story of your own dis
sipation is concerned, am inclined to
believe it historical. IL follow tho
plain course marked out by the stat