The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1904-07-15
SENTENCED TO PEHITENTIARY
THOMAS DANDY FOUND GUILTY OF As
sAULTIEG MOSES KVERsoLL
Case OF 7. W. Taylor. Assault, Fine Of $50
and COsts-Grind Of the Civil Cases in
Foreclosure and Tax Deed Suits
Divorce Granted Mary Gill.

Thomas Bandy, charged with as
sault with intent to kill Moses
EversOn at KanOrado, April %,
was found guilty of the charge in the
district court last Saturday, and on
Monday afternoon Bandy waSsentenced
to q term in the Penitentiary Not
many people were in the court room
when Judge Smith called Bandy for
ward, and save the questioning by the
judge on the man before him, If was
painfully still, the audience hanging
breathlessly on every syllable spoken.
The judge explained to Bandy that the
punishment about to be decreed was
not imposed with the sense of any ma
lice or hatred toward him on the part
of society, but that an act of violence
by one man upon another.was forbidden
by law, and where Overriden, society
had decreed punishment. Such a course
was not followed, the prisoner was given
to understand, simply to carry out the
old doctrine of an eye for an eye and a
tooth for a tooth, but as much for ex-
ample to others of the majesty and
sacredness of law, and to emphasize the
idea of personal protection, which the
government has vOuched safe to its
people.
The statutory punishment in this case
provides confinement in the penitenti-
airy for a period of not more than FIVE
years nor less than one Under the
new law the judge does not pass a
specific sentence within the limits pre-
scribed, but simply sends the convicted
to the PenitentiarY, who may be pa
rolled by a board of Pardons at any
time after the minimum term has run.
Bandy will have to serve one year, and
after that there is great probability he
will be paroled, as this is his first Grim
inal Offense, which was committed IN
der great excitement and a feeling of
prOvOcatiOn, and he will have the good
sense to demean himself properly mean
while. Bandy was living in Grant
township, and his wife. with her two
little children will have to hold down
the homestead and work hard for a
living IN the absence of her husband.
Sheriff Bradley took him to Lansing
Tuesday night on No. 10.
The story OF the Baudy-Eversoll
trouble has been printed in these Sol-
umns before, and was thoroughly re-
counted in court. It remains to say
that It was an unfortunate affair be
tween citizens of this county, and while
neither of the men can be excused,
Bandy made a serious mistake in using
his knife upon his opponent in the fight.
The prosecution was conducted by
County Attorney Murphy, and Bandy
was defended by John Hartzler, of Sa-
lima, and Arch L. Taylor, of Colby.
The final disposition OF the Bandy
case, was followed by that of the state
against T. ". Taylor, for assaulting
Fred Hurd. The jury in this case
found Taylor guilty of a simple as
sault, and ne was fined $50 and costs.
According to the judges instructions,
the jury did not hold Taylor guilty
of pounding Hurd with anything but
his fists, which was not recognized in
the verdict, but the assault consisted
in the finding by the jury that Taylor
pointed the gun at Hurd after the
whole affair was over, which under the
law, constitutes an assault. It would
seem, therefore, that Taylor acted in
self defense in the actual fight with
Hurd.
In the civil docket, IS cases were
ground out. They consisted for the
most part of foreclosure Of mortgages
and the quieting of title. A number
Of tax deeds figured in the foreclosures,
and other suits were brought for the
only purpose of canCelling tax deeds,
all of which were declared void The
record of the district court IN this county