Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-18

register. being more careful about his pen
itentary number. $500" than of his name.
The guest was also careful to write upon
the register an entry showing he was from
the prison Asking for bottle of red ink
to use in his correspondence, but not re-
ceiving it, Gourdain left the office and was
conducted to the best room on the second
floor. paying the porter literally for carry
ing his valise. There was nothing particu-
larly interesting about the man, his APP
pearance not being calculated to give the
impression that he possessed wealth or
influence.
II should be wearing stripes now and
ought to be in the Joliet prison.. he de-
clared
How is il that you are not there?" he
was asked.
Because some offic!ous friend appealed
my case and gave $4,000 bond was his
prompt response
Were you required to sign the bond?''
Il had to sign it. he admitted. but
did so under protest. You see 1t was neces-
sary for me to sign the bond in order to
keep out of the county jail. When the case
had been appealed l was returned from the
state prison to the county jail and might
have remained there indefinitely had bond
not been given. The Jail is not the proper
place for me- for it Is nothing like prison
Persons who are confined there are per-
mitted to see all their friends and transact
their business and that is not what
want"
"wil you say why it Is that you are so
anxious to break into the penitentiary?
Honor Comes First.
mo objection In the world" he responded.
You know that some men worship God.
others worship money and others believe
that honor comes first. I'm one of those
fellows who thinks that honor comes first
and my trying to get into prison is merely
a question of honor When 1 went to trial
l gave my word of honor that l would
abide by the decision of the court and jury.
1t took the jury just fifteen minutes to de-
eide that 1 was guilty and I'm man enough
to want to keep faith with the court.
Gourdain, referring to the number $500
he had placed upon the hotel register, said
that was the number given him when he
reached the Joliet penitentlary and 1t Is the
number he says he is going to retain
Il am convict $500 in theory, he re-
marked, land want to be convict $500 in
fact
The visitor explained that he spent about
one month in the state prison before his
appeal was perfected and he was released.
When he entered the prison, he said. he was
sent to the shirt factory, and he got along
so well that he was given a desk and put
at keeping books. There is no work in the
prison, he said, that he is unable or unwill-
ing to perform. Before going there he had
become reconciled to his fate. and 1t was
his desire to remain there. and thus vindi-
cate his honor. Gourdain rehearsed the
court proceedings and the move he made to
be returned to the. state prison. He told
of the removal of his family to Joliet, and
of his intention to build miniature prison
and to remain in seclusion four and one
half years the length Of the sentence i'm
posed upon him. The 81 800 fine which
was made a part of the sentence, he said,
he would turn into the state treasury.
For Writ of Mandamus.
After Gourdain had conversed vita
dozen reporters for few minutes he re-
ceived a call from stenographer who is
familiar with court work. To the latter
he dictated an application for a writ of
mandamus which he said he wanted to
file with one of the justices of the Supreme
Court of the United States. Copies of his
petition were made. and No. $500 was
extremely anxious that they should be dis
tributed to the representatives of the local
and out-of-town newspapers Fearing
there might be some hitch in his program
he went to the telegraph operator in the
hotel and filed "A copy of his brief 10 be
sent to one of the Chicago newspapers.
The bill contains a recital of the claim
Gourdain is making. and sets forth the rea-
sons why he should be sent to the peniten-
tiary.
For these reasons, If for no other" he
says In his petition, after reciting the facts
in the case. II most humbly beg on my
knees, that this honorable court mme-
dately issue a writ of mandamus directed
y.
of the United States circuit court of APP
peals, at Chicago. to set aside the super
sedeas which he granted on July >, and
that he order the marshal to Immediately
send me back to the Illinois state peni-
tentiary.'
Details Of the Case.
Gourda.n sets out in his bill asking that
a mandamus issue that he was indicted by
the federal grand jury sitting at Chicago
December IS 1905, for an alleged violation
of the postal laws which relate to the use
of the mails for the purpose OF defrauding
others. He maintains that he was never
arrested upon such charge. nor was he
compelled to give bond He then tells
that he was arraigned before Judge Kene-
saw VI. Lands May p, 1906, entering no OBJ
lection to the judge or jury and acting as
his own counsel. The petition states that
in his opening statement to the Jury he
said he would prove his innocence through
government witnesses. because, Gourdain
says, he was denied the right TO summon
witnesses IN his own behalf
In my closing argument to the Jury"
Gourdain explains in the petition. II told
them that the conduct of Judge Lands met
with my approval; that | knew Judge
Lands was absolutely honest and fair: that
l was positive that the twelve men who
We're sitting were of the highest Intelligence
as well as absolutely honest and closed my
argument to them by telling them thar IL
they had the faintest suspicion of doubt
IN their minds that | was one whit less
honest than they We're thmselves should
demand that they find me guilty and that l
should demand at the hands of the court
TO be sentenced to the full extent of the law
and to be sent to the peaitentiary immed-
ate!y; and further gave them my sacred
word as gentleman that would under no
consideration whatever appeal from their
judgment, but that l would serve my time
and pay my fine. and that when / came
out of prison I would deed all my fortune
consisting of cash. real estate. national
bank stock. private banks. trust companies
and bonds and securities of every civilized
nation on the face of the globe. and then
by unanimous consent of the entire Gour-
dain family we would wipe ourselves off the
face OF the map of the United States so
that this government would never have any
more trouble with u.s."
clicked Out Of Prison"
Continuing, the petition contains re-
cttal OF the movements Gourdain has made
since the day he left. or. as he puts It, was
kicked out of the state prison. telling of
how hard he had worked to be kept In the
prison. He tells OF how he was taken to
the county jail and OF how he finally signed
the bond under protest
Immediately upon regaining my liberty
the petitioner recites. II took the first train