Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-03-22
Ex-Convict, Recently Captured,
to Be Prosecuted Under Ha-
bitual Criminal Act
CONVICTION MEANS LONG TERM
The Next Time That Jack Smith
Lands in the Penitentiary it Will
Mean Fifteen-Year Term For Him
Tried to Break Out of Marion
Jail With James Roach.
Special to Times-Republicar

Cedar Rapids, March %. = Jack
Smith, the notorious ex-convict, who
with James Roach made an unsuccess-
full attempt to break out of the Mar
ion Jail, will be prosecuted under the
habitual criminal act, which means
that the next time he lands in the pen
it will be for fifteen year sentence.
County Attorney Watkins has looked
up the past record of Smith and found
that he has served three terms in the
penitentiary-one at Fort Madison and
the other two at Anamosa.
1t will be remembered that Smith
was captured about two months ago
while trying to effect an entrance to
Stark's saloon on First street. He was
apprehended only after fierce strug-
gle. Previous to that tine there was
systematic series of robberies being
committed in this city and the police
were unable to find any clue to the
perpetrator. A search of Smiths
house after he was arrested revealed
large quantities of stolen goods, and
with his arrest came sudden stop of
the depredations. There are five
charges now hanging over Smith-the
attempted robbery at Stark's, entering
the office of DR.. Kegley, the office of
Deputy Sheriff Shields, breaking and
entering an Illinois coach and robbing
Prescott's grocery store. There are
probably other robberies that Smith
had hand in, but of those he Is
charged with the authorities are abso-
lutely certain that he is the man.
Smiths Record.
In order to get line on Smiths
previous record County Attorney Wat
kins communicated with Warden Hun
ter of the Anamosa prison, who sub
mitted Smiths record which is as fol-
lows:
First term-John A. Smith, No. 1869,
1887; term, three years; crime, bur-
glary; transferred to Fort Madison,
August, 1883; name of nearest relative,
Katie Smith, wife, Monticello; occu-
patton, engineer.
Second term John A. Smith, No.
1851, sent from Dallas county, Iowa,
April 2, 1897; term, six years; crime.
burglary; discharged July 9, 1901;
name of nearest relative, Mrs. De
Horn. sister, address Marion, Iowa;
occupation, machinist
Third term John Smith, No. 4724,
sent from Linn county, October 10,
1901; term, three years; crime, lar
ceny; discharged April 20, 1904; name
of nearest relative, Mrs. G. Smith, Ce-
dar Fapids; occupation, engineer and
machinist. q
The HabituaI Criminal Act.
AS will be seen from the following,
all that is necessary will be a convic-
ton on one Of the five above charges
to insure a fifteen year sentence for
Smith. Regarding punishment on
conviction three or more times of cer-
tain offences the code of Iowa says:
whenever any person has been
twice convicted of either of the crimes
of burglary, robbery, forgery, counter
feiting, larceny where the value Of the
property stolen exceeded twenty dol
lars, or of breaking or entering with
intent to commit public offense,
dwelling house, office, shop, etc.. in
which goods, merchandise, or valuable
things were kept for use, sale or de-
post, or has been convicted of two or
more said crimes, and shall thereafter
be convicted of any one Of such crimes.
committed after such conviction, he
shall be imprisoned in the penitentiary
for any term not less than fifteen
years, provided such former judgments
shall be referred to in the Indictment
stating the court, date and place OF
randifior, -stss