The Norfolk weekly news-journal., 1907-08-09
WOULD TRANSFER BOCHE
SHERIFF CLEMENTS WANTS 3D.
CHE TRANSFERRED.
FOR "coNvENIENT" KEEPING
A Sheriff Has the Right to Place Any
Prisoner in Any Safe and Convent.
ent Place-Dr. Young Took Matter
Under Consideration.


ent Place-Dr. Young Took Matter
Under Consideration.
from Mondays Daily.l
Sheriff Clements of Madison Mon
day morning requested DR.. G. A.
Young, superintendent Of the state in
sane hospital here, to receive as a
prisoner Herman Boche, slayer OF
Frank farmer, until the murder trial
next fall. DR.. Young took the matter
under advisement and said that he
would give his answer to the request
during the afternoon.
Judge WEIGH took no action on the
writ of habeas corpus filed in Boche's
behalf at the Saturday afternoon ses-
sion of district court, other than to adj.
wise the sheriff that, under the law,
he has authority to place any prisoner
in any safe and convenient prison,
whether that be a Jail in some other
county, the penitentiary or, if the hos
pital authorities consented and the
sheriff wished, in a state insane hos
pital 1t is the sheriff's right, said the
Judge, to place prisoners in a safe and
convenient place.
All Up to the Sheriff.
The matter of where Boche shall
be confined, therefore, was put alto
gether up to Sheriff Clements. And
Monday morning he applied at the
state insane hospital for permission
to confine in that institution the Nor
folk murderer of Frank farmer.
'In case DR.. Young agrees to take
Boche into custody, it will be merely
as a prisoner at the request of the
sheriff." said County Attorney Jack
Koenigstein. 81 fail to see where the
state insane hospital has authority to
take care Of a prisoner in this way"
Would See it in The News.
1t was said that in case Boche should
be admitted to the hospital, that fact
would have no bearing whatever as
to his mental condition since adjudica-
ton upon this point is entirely outside
the jurisdiction of the sheriff. The
county attorney suggested that if 30.
che were allowed to be imprisoned in
an insane hospital, however, that fact
would tend to prejudice jury into
the belief that Boche had shown signs
Of insanity. Attorney Allen for the
defense, however, declared that the
| fact would not be brought before the
jury. The county attorney then urged
as argument against this procedure
that everybody in Madison county
would know of it, because they would
see it in The Norfolk Daily News.
The county attorney suggested that
Boche be taken to the penitentiary for
safe keeping, but counsel objected.
Asked by the county attorney whether
or not the Madison Jail is safe, Sheriff
| Clements said that it was The point,
therefore, upon which the sheriff based
his application for admission of the
murderer to the hospital was the mat
ter of convenience"
Sheriff Clements was accompanied
to the hospital by Attorneys Mapes
and Tyler of this city.
In Case it Were Refused.
In case DR.. Young refused to admit
the prisoner, Senator Allen said that
he would proceed with his mandamus
to compel the Madison county board
of insanity to act upon the complaint
filed some time ago, alleging Boche to
be insane.
At that time the board decided that
Boche's mental condition was not a
matter for the Madison county board
to pass upon, since he was a prisoner
under the supervision of the district
court.