Omaha daily bee., 1907-03-21
HOWELL OUT OF JAIL
President Of Coal Exchange Released on
Filing His supsrssdsas Bond.
SIX MONTHS AND THOUSAND DOLLARS FINE
, sentenos for Conspiracy in Restraint Of
Trade Imposed by judge Sutton.
SPENDS PART or DAY BEHIND BARS
Court Says he Must Be Treated Same as
Ordinary Criminal
REFUSES TO MAKE EXCEPTION OF CASE
Immediately Attorneys Dispatch Mes
. senEer TO Lincoln to File Bond
with the supreme Court
for Appeal.
REFUSES TO MAKE EXCEPTION OF CAS-

Samuel D. Howell, formerly pFeSloenI oA
the Omaha Coal exchange and convicted
before Judge Sutton in December of con-
spring in restraint of trade, was sentenced
by Judge Sutton Wednesday morning to
six months in the county jail and ordered
10 pay s. fine OF $1,000 Sentence was pro-
nounced at 1879 o'clock and the court in
structed Deputy Sheriff Gus sedin TO take
charge Of Mr.. Howell.
Mr. Howell was locked in a cell at the
county Jail until 40 y. m. when the sheriff
received a telephone message from Clerk
of the Supreme Court Lindsay at Lincoln
that a supersedeas bond had been fled,
whereupon Mr.. Howell was Immediately
released.
When Judge Sutton pronounced sentence
Mr.. Howells chief attorney, w. ]. Connell,
remarked that he supposed, of course. it
would not be necessary to confine Mr..
Howell in the county Jail
IT will give no instructions to the sheriff
as to how to treat this man." said the
court Mr.. Howell Is to be treated in no
way different from any other criminal He
has no more rights than the humblest
man"
This has been the position taken through
out the case by Judge Sutton. 1t was hoped
by his friends and counsel that Mr.. Howell
would be spared the humiliation Of actual
incarceration In jail The defense desired to
have the proceedings come up before
Judge Sutton at about noon, so that
when sentence was pronounced man
could be dispatched to the supreme
court with the bill Of exceptions, with
the least possible delay, for an ex-
animation of the railway time table dis
closes the fact that there is no train from
Omaha TO Lincoln between o'clock and
1850 In the afternoon. But when Attorney
John f. Stout appeared before Judge SUIT
ton with this proposition the court OBJ
jected-
Court IL BmphRt1c.
II have put OF everything to make way
for this, and It must come up now or not
until o'clock" he said.
But the train leaves at 1;Do." persisted
Mr.. Stout.
,'I-sfave nothing TO do with that" was
dhe decisive reply. ''Mr. Howell is no bet
Ter before this court than any other man"
y Forthwith Mr.. Howell was produced and
there was nothing to do but proceed After
a few preliminary matters the court ad-
dressed Mr.. Howell telling him to stand
up He did 30. ana Judge Sutton said;
''A6r. Howell, you have been found guilty
by a Jury Of oonspiring In restraint Of
trade Have you anything to say why the
sentence OF the court should not be passed
upon your
Mr., Howell replied that he thought his
attorneys had said everything and done
everything possible, but that he still In
sisted he was not guilty Of any wrong act
in restraint OF trade.
Judge Sutton then proceeded TO enter
his nnding on the docket The pen
scratched for a full ave minutes, while
silence reigned among the spectators and
Mr.. Howell stood facing the court and
awaiting sentence.
Judge Addresses Defendant.
Finally the court addressed him:
You have been convicted OF organizing
In restraint OF trade. This is as serious q
crime as robbery at the point OF a revolver.
1t amounts to the same thing. II the men
who supply the necessaries Of life are per-
mitted to organize TO fix the prices OF those
necessaries, they commit a crime against
the people, against the common people; the
widows and orphans perhaps, more than
the moderately well-Lo-do, but a crime
against all
III you had been an ordinary man with
out money or influence. II you had not been
. Apresident OF the Omaha Coal trust, with
power behind you and money to hire the
most powerful lawyers, you would long age
have been serving your sentence. But you
have been able TO cheat justice far"
Mr.. Conneu Immediately asked for a sus
pension OF BentenCe. lie MoulQ De salts
ned, he said with even twenty-fOur hours
Judge Sutton replied that in all his careei
on the criminal bench he had no recollec
tion OF suspending sentence for the men con
victed by him and saw no reason why thii
special favor should be extended to Mr.
Howell
Mr.. Howell left the court room with thu
deputy sheriff. He was taken TO th'
county jail where he spent the morning.
Attorney w. p. Thomas left at l:5o p m
for LAncoln with the bill Of exceptions
JAN ana Fine for Howell.
While in the county jail Mr.. Howell " a
locked in a cell the sherin refusing L
grant MIN the courtesy Of sitting in tn
ONCE. The matron offered him food whel
the regular jail dinner was served at 2:S
O'Clock, but he ate nothing.
Action at Lincoln.
LINCOLN, Neb., March 2O.-(Special Tel
egram) "a supersedeas bond in the sun
OF 5000 was granted by the supreme cour
at O'Clock this afternoon on application
OF the attorneys for S. K. Howell the Omah
coal dealer sentenced by Judge Sutton 70
violation of the antitrust law The bil
bf exception was brought 10 Lincoln b
Nv. p Thomas and the bond approved b
tn, court supersedeasing the sentence unit
final hearing In the supreme court OF IN
appeal Harry Lindsay, clerk OF the oourt
Immediately telephoned the action Of tn
court 70 sherin Mcdonald. who had Howe
An custody. The bond was signed by ]. A
sunderland and others.