Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1904-01-21
COURT HAS ADJOURNED
Long September Term Came to an
End Saturday.
~, II. Marshall" who 1mpersonnted nm
Town Man and Swindlcd the Kinds
Compnny, Sentenced to six Years
in states Prison.

The case of Mary Carpenter rs. Joseph
A. Carpenter q petition for divorce. was
disposed of Friday, separation being
granted and decree Of 81 800 being made
to the petitioner, $500 Of which Is already
in the hands of Thomas Reeves is trustee.
c.. j. Ferguson appeared for Mrs. Carpen-
ter and Brown & Taft for Mr.. Carpenter.
The case Of George l.. Story vs.. Trefha
West, an action of assumpst. was settled
and discontinued.
The case of the State VS.. sylvester Sui
Ivan, who was charged with breach OF
the peace, was nolle pressed.
Joseph II. Marshall, alias DR.. Holden
and DR.. Holloway, was sentenced batur-
day to serve not less than five and one
half and nor more than six years In the
States prison at Windsor. Marshalls
sentence had been continued from day
to day for IA week because he wished to
he represented by his counsel. V. A. Bull
lard. who was in Boston Mr.. Bulllard
returned Friday night but even the pleas
FOR mercy by Mr.. Billiard and the respon-
dent. himself, were useless.
Marshall was arrested several months
ago for swindling the o. l.. Kinds Co.
out of 500 in money and a sample case
of valuable goods. AT that time he rep
resented himself to be J. n. Marshall OF
Atlantic. Iowa. a wealthy bank president
and dry goods merchant. During the
progress of the trial the rea! Marshall
mony the bogus Marshalls conviction
was made certain. 1t Is claimed by the
real Marshall that he has been imper-
sonated between IL and Is times during
the past three years end that firms in
all parts of the country have been VIC
timizcd out Of sums varying from 500 to
$500.
When court opened Saturday Marshall
was in the room and after "A brief con-
sultation with his attorney was directed
to stand and asked if he mad anything to
say. MIR. Billiard then addressed the
court. He touched briefly on some Of
the legal points Of the case. He said the
O. l.. Kinds Co. should have investigated
the recommendations sent them by Mar
shall before employing him. He further
said that the simple fact that Marshall
said in one of his letters that he was
J. II. Marshall OF Atlantic had little to
do with getting employment and that if
fraud had been practised in anything it
was in getting the contract. not the
money. He asked the court to take into
consideration Marshalls family. who
would be left without means of support
In closing he asked for a light sentence
part of which he suggested might be i'm
posed in tho way of a fine
Marshall addressed the court at the con-
clusion OF Mr.. Billiards. address. Fe also
asked the court to take into consideration
his family, consisting Of a wife and two
children, and also requested a light SEN
tercc upon the ground that his health
was poor ard had failed since his confine-
ment here. He further said ne thought
undue influence had been brought to hear
upon the Jury and that the verdict was
unjust. unwarranted and unsupported by
the evidence. He said he did not be-
lieve the jury had understood the evil
dence in the case and that they did not
consider that all the letters introduced
should rot count equally He also said
he did not Relieve the jury understood the
Judges charge. Another fact ne com
planned Of was that he thought the jury
did not take into consideration the fact
that his failure to take the stand to testi-
fy should not count against him.
He then referred to the press. saying
that it had pounded him since he came
to Vermont fle also said the informa-
ton must have been given to the papers
for the purpose of poisoning the minds
of the people. In reference to the photo
graph from the rogues' gallery in New
York. he said that II could not have been
his as it was numbered 5j and that such
a number must date hock some 20 years.
The age of the man he said was given
there as A and that fact alone was proof
that it was not his photograph. Marshall
| said he had been ralroadcd to Vermont
and was about to be railroadod to prison
and that he did not believe the court
wanted such a reputation to go out about
Vermont
In his statement. States Attorney
I,enry said that for once in his life
Marshall mad got Justice II he had never
rereivcd ~ before He referred to the re-
mark made Nv Marshall about his not
t,kinp Tho stand and said that IL Marshall
h,d taken the stand he might have had
an onnortunitv To have scen his nhoto.
e,anh from the rocues' gallery. might
hayc had an onnortun,tv to tell what his
rast HE had been. and might nave mao
| rortoin transactions in New York. where.
lv nurses had been swindled out OF
J thousands of dollars in n oo-operativc hos.
rital scheme
In pronouncing sentence judge Tylor
to punish a man for crime and thereb -,
| take a period from his life. He further
| said that Marshall had been ably de.
Tended and tried by an impartial jury
! ne said that the evidence in the ca Sc
showed careful preparation for the
crime. He II en- pronounced sentence.
Marshall received the sentence calmly
and was taken back to Jail without a
change on his countenance He was