Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-10
Judge Burnham Believes Prison
er Needs a Disciplining and
Pronounces Judgment
REFUSES HIM A NEW TRIAL
Wicks Had Made an Earnest Plea for
Lsnisncy In Chambers, and After
wards Confessed That He Had Lied
to The Judse-Attorney Makes q
Plea in Court.

After overruling a motion for new
trial in the case of state VS.. Frank
wicks the man convicted ljy jury
OF the burglary Of Harry Cavefs
hardware store at Melbourne, Judge
Burnhan. at Q o'clock this morning,
sentenced the prisoner to three years
at hard labor at 1T. Madison. Judge
Burnham thinks Wicks needs dis
ciplining, and while the sentence is not
particularly severe, considering ten
years as the maximum, the court Is OF
the belief that the prisoner will have
ample time. within the next three
years. to think over his past and medi-
tate on the future.
Wicks' attorney made an earnest plea
for leniency in court, saying that the
citizens of Melbourne had all turned
against him In the trial, and that his
client, IL he had deemed best could
have impeached many OF the states
witnesses. The court replied to the
attorney that he did not know Of any
community that would turn against
an Industrious man, and try to railroad
him to the penitentiary, as Views had
claimed. The court added that he be-
Neved the testimony In the case was
by honest men, and given honestly,
and in his opinion the testimony war
ranted the verdict returned by the
jury.
To Wicks himself while passing
sentence Judge Burnham said that he
did not believe the prisoner was very
we'll balanced; that he possessed very
vivid imagination. and that he gave
play to, 1t on any occasion. The court
considered that q disciplinirg was that
the prisoner needed, and that the best
him for him would be a term In the
penitentiary. Your future, however,"
the court added, remains wholly with
you. and what your life will be will
depend entirely upon your actions"
Wicks Plays For Sympathy.
Wicks himself made bold play for
sympathy last week and this fact alone
probably hurt his case materially with
the court. The prisoner sought an In
terview with the court, and it was
granted. Wicks told Judge Burnham
that he had always been an Industrious
and hard working man, and had been a
great traveller in his time. He had
travelled extensively turnout the United
States, and had been all over Europe.
He had one daughter, he said, who was
. student in the Boston conservatory
Of music and another daughter was
pupil in the public schools Of Minne-
apolis. He claimed never to have been
arrested before in his life, and that he
had never benin trouble OF any kind.
He also claimed that he was register
ed pharmacist In this state, had con-
Quoted a drug store and that his only
fault was that he drank occasionally.
He gave the Judge names Of different
people he knew and referred the court
to them to bear him out as to the
truthfulness Of his statements Wicks
also referred the court to an uncle in
Des Moines, whom he said could tell
al about him.
Judge Burnham thought that the
man might be telling the truth, and
asked him to put his statements on
paper, over his signature. and write
down for him the names OF the people
to whom he wished to refer the court.
In doing this the court promised to in
vestigate and see what his friends had
TO say for him. This he did, and was
surprised in hearing from some Of the
persons referred to. that the testimon-
aals OF the prisoner were not Of the
pest. and that he was declared to be a
worthless sort Of fellow.
Takes Il All Back.
Judge Burnham was more surprised.
however. on last Sunday, when he re-
ceived letter from Wicks, written in
Jail, in which. the prisoner confessed
that he had been lying to him in every
particular, and that nothing he had
said the day before was true. He said
ne did not know why he had lied SO.
unless the devil had tempted him and
made him do It. Wicks added that he
mad written hfs uncle not to answer
any questions at all that might be ask
ed him by the Judge.
Deputy Sheriff Nicholson will leave
Monday morning, with the prisoner IN
charge. for Ft. Madison.