Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-09-21
Charles Propst and Cyrus Kid
der, Charged With Larceny,
Are Sentenced
PRoBsT FOR THE EVANS THEFT
Case, Dismissed When Crime Was
Committed, Results In Indictment
and Sentence to Penitentiary-kid-
der Appears to Have Been Old Of
fender, and Already Under Sentence.

Charles M. Probst and Cyrus kidder
who pleaded guilty as charged in II
indictments recently returned again.
them by the August grand jury, were
sentenced to three years each by Judge
Caswell, in the district court, at
o'clock this morning. Probst is SEN
fenced to Fort Madison, at hard labor.
for the larceny Of diamond ring and
$40 in money from ID. j. Evans Office,
last summer Kidder's crime was the
theft OF harness, valued at $40, from
Daniel Russie, of Vienna township.
Kidder's sentence is to begin upon the
close of an unexpired sentence in POLK
county, from which county ne IS TO
serve one year. He will be turned over
to the officers of that county.
Probst was indicted on the charge OF
larceny from building in the day
time The amount the property was
valued, according to the indictment,
at $65. Probst confessed to the theft,
when he was arrested, returned the
stolen property and ring, and was dis
charged without prosecution. The
grand jury took the matter up and de-
cided the young man had been let Off
too easily. After the Evans TRANSACT
ton Probst was arrested for burglarlz-
ing the Iowa Central depot at Liscomb.
To this charge, upon indictment, he
entered plea of not guilty.
In passing sentence Judge Caswell
talked very plainly to Probst. Il learn
from you," he said, that this was not
your first offense. All you have said
in your behalf was that the punlsh-
ment would cast stain upon your
wife and children. l do not think that
the punishment for your crime Will
cast the stain upon your character
your crime itself has done that. what
the law does, or the court, does not
injure you. | wish we could punish you
and not your family, but you should
have thought of that before you COM
mitted the crime. You said you had
been drinking. 1t is dangerous to So
ciety to have a man who is in the habit
of becoming intoxicated at large, and
especially when he will commit Il crime
whenever he is intoxicated. 1t is bet
ter for all that he be put where he eau
not become intoxicated"
Probst's appeal bond was fixed at
$1,000.
Court Scores kidder.
Judge Caswell scored Cyrus Kidder
even more than he did Probst. Prom
inent on the lapel Of Ktdder's blue coat
was a G. A.. r. button. This called
forth remarks from the court, and Kid
der appeared to be affected. When
sentence was pronounced he WINGED
noticeably.
Kidder was charged with larceny
from a building in the night time, IN
stealing the Russie harness. Judge
Caswell said: Il see you wear a u.
A. r. button. I don't think you should
wear it until you can stand before the
public an honest and honorable man.
That button should only adorn the
breast of honest and honorable men.
Whether a man belongs to the Grand
Army or not, he can not be allowed
TO commit larceny. This was not acct
dental with you 1t seems. 1t was not
your first offense; it was not your sec
ond. You are now under conviction
and sentence in Polk county. The
courts intend to make it very unpleas-
ant and Improbable for men to lead
lives of crime, and the judgment of
this court is that you serve three years
at hard labor in the penitentiary at
TT. Madison, your sentence to begin
at the time of the expiration Of your
unserved sentence in Polk county,"
Kidder, it seems, was convicted Of
larceny in Polk county, and sentenced
to one year. He appealed the case and
while out on appeal bond had commit
ted the Russie theft here. The supreme
court has since sustained the lower