Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-22
TEN YEARS IN PRISON
Sentence Imposed Upon Mrs.
Jennie [. May.
CONVICTED ON TWO COUNTS
Sequel to the Death of Lucien Conen
of the Marine Band.
NOTICE GIVEN OF AN APPEAL
Prisoners Composure Disappears and
She Cries Aloud for Mercy
After Reaching Cell.
NOTICE GIVEN OF AN APPEAL

throughout her trial, which closed two
weeks ago. Mrs. Jennie L. May stood before
Justice Stafford in Criminal Court No.
late yesterday afternoon and received the
sentence of the court that for causing the
death of Lucien Conen, former member of
the Marine Band, she is to spend the next
ten years of her life in the penitentiary at
Moundsville, w. Va. A slight droop to
the heretofore erect shoulders as she obey
Ell the command of the court clerk to stand
up to receive sentence, was the only out
ward indication Of the burden Of woe Mrs
May carried, and 1t seemed as II the shock
incident to realization of the fateful i'm
port Of the judges words left room for no
other feeling
Mrs. May continued to stand even after
the last word had been pronounced by the
court, and she felt blindly for her chair
when told to. sit down. A moment later
she obeyed the summoning touch of one
or the deputies from the marshaFs office
ana walked across the court room, the last
steps In free air she will take in many a
day, and passed into one Of the cells in
the basement of the court house. Her
whole attitude, as she brayely suppressed
an outward show of emotion before the
many curious eyes in the court, presented
a pathetic touch to the finale.
Once in the cell and before being removed
to the jail In the van, however Mrs. May
again and again for mercy
Concluding Proceedings.
Mrs May. was brought into court from
the. Jail, where in default of bail she had
been confined since her conviction, 1t having
been agreed her appeal in arrest of judg-
ment and for a new trial should be heard
at the conclusion of the regular session
of the court in the Hermann case The
prisoner showed plainly the effect Of the
few, days spent in jail. Her face was
much paler than at. any previous appear
ance in court, and her features were pinch
ed and strangely slrunken. Throughout all
the court proceedings, even to the impose
ton of sentence, Mrs. May kept her eyes
averted. Her husband, Ole ]. May, sat be-
side her during the ordeal. &C.. -,
Attorney Greed NJ. Fulton argued for an
arrest, of judgment, claiming the jury erred
in finding Mrs. May guilty on two courts,
the charge of assault with intent to kill
gerons weapon. He declared the verdict
should have been mot guilty upon the lat
ter count of the Indictment
Upon the motion for new trial Mr.. Full
ton created somewhat Of a sensation when
he stated one of the jurors, A. P. SincelI
had been heard to say to another juror
fShe Is bad woman" and something
to the effect, I'VE won't be out long" Mr.
Fulton presented an affidavit to support
this point, and offered to produce two wit
nesses in confederation. After some little
argument as to the calling of these wit
nesses. Justice Stafford ruled that they
William D. Allen, who said he was sales
agent for a New York newspaper, testified
he was in a lunch room when he heard Mr.
Sincell make the remark: She is bad
woman. to another juror. Allen also said
he heard the remark, I'VE won't be out
long"
Gives the Date.
Questioned by the district attorney, wit
ness said the conversation he overheard oc-
CURED probably Thursday, the last day,
save one, of the May trial. He did not
know whether the She referred to meant
Mrs. May or not. ~
Charles c. Burrows, a boss painter. also
heard the bad woman remark, and said
the incident occurred Thursday.
Attorney Fulton argued the statement by
one juror to another and possibly to more
members of the jury tended to prejudice
the interests of his client, and for this and
several other reasons he made a plea for
new trial.
District Attorney Baker and Assistant
District Attorney Turner made the point
that it was the duty, of the attorney for
the defense to have informed the court of
the incident Of the juror as soon as he
heard Of it, and this view was upheld by |
Justice Stafford, as he overruled both the |
motions for arrest of judgment and a new
trial.
District Attorney Baker Immediately |
moved for imposition of sentence and he |
called to the attention of the court that |
only the fact that Lucien Conen happened |
to live a few days more than one year pre- |
vented Mrs. May from having to answer |
a charge of murder. Assistant District !
Turner also argued that the as |
sault Of which Mrs. May was convicted was |
of so deliberate nature that severe
sentence would best subserve the ends of |
justice
Final Plea of Defense.
Attorney Fulton made a final plea that |
the defendant be not long separated from |
her small children and from her faithful |
husband. The sentence of the court was
then pronounced, and Mr.. Fulton noted an
appeal.
According to an amendment passed by the
last Congress, April q, 1905. for the COM
mutation Of sentences of United States
prisoners, the allowance during good be-
havior for all sentences of ten years and
over is ten days out of each month. By
earning all of her good behavior allowance,
should she go to the penitentiary on the
present sentence, Mrs. May can reduce
her actual time OF service in the prison to
six years. $50 days. The sentence dates
from the time of arrival at Moundsyille.