Omaha daily bee., 1903-01-11
PROFANITY MARKS A SAILOR
Easy Flow Of 0aths oorroborates Life Story
Of James Malone,
MAY SAVE HIM FROM THE PENITENrARY
Upon Suggestion of Judge Baxter the
Prisoner Mt Bar withdraws Plea
of Guilty to Allow ~Investi-
CATION of Case.

Nine times In ten a prisoner would in
jure his case by using profanity in talking
to the court, but James Malone proved the
tenth man yesterday morning and seemed
rather to aid his cause with the good, round,
salt water explosives that anne from him so
naturally and easily. He was talking to
Judge Baxter Of the criminal bench and
when he was through the judge advised
him to withdraw his plea Of guilty and
enter one Of not guilty, that his case
might be Investigated.
The charge against Malone was burglary
and the information related that he had en-
tered the jewelry store Of Sol Bergman on
Fifteenth street and carried off watches
and watch chains. Malone pleaded guilty
and prepared to take sentence. The Judge
looked at his bent form, his aging face,
his calloused hands and his Scared eyes
and cheeks and began to ask questions,
pointedly but sympathetically.. Malone
denied nothing, but said that theft had not
been in his mind when he entered the
store one chilly, wet night late in De-
cember. He said he had enlisted in the
navy at New York February "a, 1861, and
served first on the receiving ship Vermont.
then for four years on various other ships
In civil war engagements; that while on
Hartford a nine-inch gun exploded and
mutilated his face; that at New Orleans a
missile had cost him the three fingers OF
his right hand, and that after he left the
service he never asked a pension, but took
care Of himself until recent years. when he
was crowded out of one position after an
other by younger, more able-bodied men.
Cold, Hungry and Weary.
This year he had been sick part OF the
time and matters had grown rapidly worse
for him until, coming from Stanton, Neb.,
that chill December evening he found him
self cold, wet, hungry and weary. From an
alleyway he saw through a window the
warm, untenanted storeroom and, finding
the window unfastened, crawled in to rest
and to sleep. Then he found the treasure
and an avenue to relief of his restitution.
He brokn down and wept as he told the
story, and it was between his sobs that the
sailor oaths came most readily and seemed
to serve as corroboration Of his story.
Incidentally he mentioned that 1t was
about 6 o'clock in the evening when he en-
tered the store, and there arose in Judge
Baxter's mind a question as to the propriety
of the charge Of burglary. He thought per-
haps it should be breaking and entering,
for which the sentence may be less than the
year required for burglary. He said, also
upon Detective Dun stating that Malone
had told the police a straight story as to
the distribution of the stolen goods, that
the court was inclined to believe the mans
life tale and would like an investigation,
County Attorney English readily a~ssented
and accordingly Malone was permitted to
withdraw his plea of guilty and enter one
of not guilty, that time may be had for cor
respondence with the Navy department and
for the collection of other evidence.
English and his full force OF deputies read
the various complaints filed against others
recently by Attorney Shields. but not guilty
was the plea entered to each and they will
go to trial.