Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-02-28
FINE AND one YEAR IN JAIL
Rev. @. G. Wares Sentence, Latter Of Which
Dean Beecher Offers to Serve.
OMAHA MINISTER VOLUNTEERS SACRIFICE
Asks for Privilege of Court TO Ex-
press sympathy and Faith in limo
cence of Brother clergy
man Convicted.

district court Tuesday morning when Judge |
Munger sentenced Kew. George q. Ware |
to serve one year in the Douglas county |
jail. in addition to paying a fine OF N,Ooo
for conspiracy to deIraud the government
out of titles TO public land. No sooner
mad the court imposed sentence than Rev.
George A. Beecher, dean OF Trinity Epis-
copal cathedral of Omaha, arose and eX-
pressed his willingness to go to Jail for
his brother in whose innocence he pro-
fessed absolute confidence.
1T may seem out of place and premature
for me to speak a word OF sympathy for a
brother in Distress" said Dean Beecher.
but | have been taught, as many others
have been, that i is my duty to fly to
the relief of a friend and brother and
l seek 10 do so now. There have been
examples of vicarious sacrifice, and have
been deeply touched by all these proceed
ings that have brought my brother here
and the sad position in which he is placed,
but with charity for all. | say as citizen
of the United States, that l am, without
regard to the verdict of the jury, COM
pletely convinced of the innocence and
purity of character of this brother and l
will say l would gladly sever my connec-
tions with my clerical duties and if
could would go to the Douglas county
jail anu serve tnlS sentence LOT DIOInel,
Rev. Mr.. Ware. If he has made a tech
nical mistake he is not criminal"
Court and All Affected.
Dean Beecners voice tremuIed with the
deepest emotion as ne offered himself
vicarious sacrince, and tine incident, re-
markable in its soiemnity and earnestness,
brought tears TO the eyes of many in the
court room. Judge Munger said, IN reply
asFlN In
preciates TINS situation ana shares IN the
personal feeling prevailing, but the court
ras duty perform tnat II cannot
avoid"
The court room was early crowded with
friends oI Key. Mr. Ware and others,
drawn there TO witness the climax vi the
case which 1t known would be reached
Tuesday morning. Beside kev. George q.
| Ware, his wife, VINO has remained at
| his side throughout the trial. his attor-
neys, Henry trawley of Deadwood and
| 4. J. Mahoney OF Omaha, District Attorney
Goss. SpeciaI District Attorney 5. r. Rusn
and many prominent Omaha citizens were
present IN the court room.
Judge Munger overruled in full the mo
| tion of wares attorneys for a new trial
and imposed sentence. Attorneys at once
| filed appeal to the United States circuit
court of appeals and the appeal bond was
fixed at $500. with Thomas b. Mcpherson
1snd 1Joha'-ttsactls OF ;scath 6nsasa. sure
| ties.
Only one Point to Pass On.
| There remained but one point In the mo-
| ton for a new trial to be disposed of, and
that was in reference to the point bearing
upon the statute of limitation. Judge Mum
ger said. in enect:
fe trina fhn foil syix-a Inc
jury any Instructions regarding the statute
of limitations. However. the evidence
showed the offenses were committed within
the statute, and for that reason the mo-
ton must be denied as a whole"
The defendant was then asked If he had
anything to say why sentence should not
be pronounced Attorney Henry Frawley
of Deadwood arose and addressed the court
He said:
Recognizing the inevitable duty of the
court we respectfully ask that your honor
will find 1t possible TO eliminate from this
Judgment the judgment of Imprisonment
We ask this not merely in our own behalf
but in behalf of the petitions that have
been sent YOU from the Black Hills. Some
| of the petitioners are known to you, and
they comprise some of the best and nobles
citizens; many of these petitioners are
| persons OF more tndn local lame, more
than the state of South Dakota fame
They represent our great educators. church
men, lawyers and business men. Aside
from these comes the petition of two o
the daughters of our client from acros.
the sea. where they are being educated
but no more earnest petition comes to yol
than this from his devoted and faithful
wife Your honor, l trust and hope ma,
find It in his heart to so modify this iudg
! ment and still impaTtially discharge Tia,
duties that devolve upon him at this sol
emn moment cannot say more, no
would | care to say less"
Rush Addresses the Court.
! The court then asked District Attorne,
Goss II he cared to say anything. Mr.
] Goss replied:
r Your honor, / have nothing to say a
this case was tried and disposed of befor
was appointed to the Office of dstric
attorney. Special Attorney Rush has ha
charge of the case.
The court asked Mr.. Rush If he had any
thing TO say. Mr.. Rush arose and address
ing the court said:
May it please your honor, the facts 4
this case have been fully presented al IN
, | trial of the case, and il would be out 4
place for me 10 attempt anything like
$ may not be improper for me to suGges
4 that the sentence-the punishment ii II
= | fiicts Is that In which society is most cor
q cerned and to the end that the offendt
1 | against the law may be Justly punished
! | end that such punishment shall operate
" deter others from a like offense. TO d,
} termne what is a just punishment is a
S ways a serious question for the court alou
A to determine. However, as an aid to IL,
partial Justice, courts are enjoined BY la
10 hear the defendant in his own beha
before sentence is pronounced. The pros,
: cution may likewise be heard, and in IN
- connection permit me TO say that the eli
M cunstances surrounding the commission
L a crime are always a proper subject .
\ inquiry to determine the nature and g,
Il tent Of punishment TO be inflicted, whiC
II by law rests in the sound discretion ,
II the court.
Il If the crime is committed in the heat
Il passion, unattended by deliberation, vi
Il lence or the commission of other Offene.
II TO accomplish the same, these are circun
stances that We usually urge in extenu,
/ tion. So where conspiracy Is entered in
l to defraud the United States of a smg
sum of money and in pursuance there,
1 a claim is presented unattended by PERU,
4 or other onense, proper punishment
such case might be much less than Il
Il maximum of two years imprisonment Or
vided by law. Or in the case OF ri
l defendant Welch, VINO received a senten,
II conspiracy as originally formed but Va,
II later drawn into IL for the purpose
II securing as commission on each entrym.
1 which he procured; and that while a d
u fendant Is not on trial for any char,
II other than that charged In the indictnen
II yet the surrounding circumstances inVol
II ing the commission OF all ofenses is U