The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-06-16
Ben Upper Goes to saltwater
For Six Months.
Walsh and Kapischke Are Sen
fenced 10 st. Cloud. 81
Pleas Made Upon Behalf OF
the Defendants.
From Tuesdays Daily.

From Tuesdays Daily.
Judge Cray this morning sentenced
the prisoners, all of whom had pleaded
guilty. Ben Upper, late of Madison
Lake, was the first one up. His crime
was grand larceny in the second degree,
having stolen some hides from julius
Reinsburgs fur and hide house. He
said that he is forty-twO years old and
has lived in Minnesota for ten or twelve
years. He has followed the trade of
mason for twenty two years, and has
also been steam engineer. He said,
that he has wife and six small chill
dren. Topper, when asked whether he
had anything to say why the sentence OF
the law should not be imposed, replied
that he threw himself upon the mercy of
the cdiift and asked it to be lenient-
This was the first trouble that he had
been in and his family would nave to
care for themselves. He asked for len
iency on their account. nhou lpe .an
Judge Plymat spoke upon behalf of
Upper and said that while there is no
justification for crime, Tupper's wife
had been i'll for a number of months a
little over a year ago, and had been in
a hospital All of his savings were
used up in this way, and on the eve-
ming before the offense was committed
the children went crying supperless to
bed There was the alternative of beg
ging or stealing and some honorable
men when driven TO the alternative will
not beg. That Topper was compelled to
feed the little mouths ought to be con-
sidered by the court. The only crime
ever charged against him hitherto was
the catching of few fish for his chill
dren' and the keeping Of a fish house.
1t should be taken into consideration
that he has been in Jail for ninety days,
and he thought that the interests of .the
public could be best served by "a light
sentence. Topper shed tears while his
attorney spoke. ian Hp tx ~ cpgi
County Attorney Wilson said that he
had nothing to say. The value Of the
goods stolen was $l490iNHg - con
Judge Cray said that if upper. ever
entertained an idea that because he was
in destitute circumstances he was justi-
fled in stealing, he ought to disabuse his
mind of it. Judge Cray said that he had
never lived in or heard of a community
where the people would not open their
purses and their hearts when cases of
sickness and poverty were called to their
notice and the parties bore good repu-
tation. There was no more excuse for
the poor to steal than for the wealthy
to do so. In this case, as i'm others, the
principal hardship falls upon the fam
ily. The defendant must have known
this, unless he expected to go undeteet-
ed The value of the property taken
was not YER yconsiderable, and hence he
would make the punishment lower than
ne had ever made it for such offence,
and not because the COURT thought him
i'm the least justified in his acts. The
court then sentenced Topper to hard la
Dor at Saltwater for the period of six
months. 9 a@8i- au ..aai
Tupper's family will leave tomorrow
for Mason City, Iowa, where Mrs. Tup-
per has brother. County Commissioner
Paddock will assist them there.
William Walsh was the second prison
ed to stand up. He committed forgery.
He said that he is twenty three years
old, and was born in Minneapolis, but
for seven years past had made his home
ents now reside They are Mr.. and
Mrs. John Walsh. The defendant said
that he is barber by trade, and has
followed it for six years. He had not
notified his parents of his arrest, and
has tried to keep it from them. because
his mother is not strong.
Asked what he had to say for him
self, Walsh replied that he asked for
mercy for his mothers sake. His ar
rest would teach him lesson that would
last throughout the remainder of his
life
Judge Plymat said that he believed
that Walsh is an industrious young