Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-27
Prisoner Replies Flippantly to
Judges Sentence For Murder
Of John Lepley
MOTION TO RETRY ovERRuLED
Pelps Attitude, While Being Sentenced,
One of Defiance and indifference -
Declares He is Not Guilty-court
Allows Examination Of Persons Re-
ferred to in Motion for New Trial.

Bert Pell, convicted last Thursday
of the murder of John H. Lepley, of
Clifford, was sentenced to twenty five
years at hard labor in the Eft. Madison
penitentiary by Judge c. B. Bradshaw,
days to the minute after the jury de-
clared Pell guilty Of second degree
murder, sentence was imposed. With
the same apparent unrepentant and
Indifferent attitude Pell heard the sen.
tence, and to it fippantly replied
Much obliged"
Sentence was pronounced after more
than an hour was consumed in the
argument of a motion for q new trial,
which was filed at the last moment,
and which Judge Bradshaw overruled.
Pel is Defiant.
Judge Bradshaw preluded the sem
tence with remarks which took up ten
minutes. Before he began he asked
Pell II there was anything he wished
to say before sentence was pronounced
PelPs attitude, as he arose, was one Of
defiance, and his entire bearing was
that of indifference to the future, and
disregard for the past. He stood erect,
head thrown back, his eyes on, the
judges face. His hat he held with
both hands at arms length in front Of
him.
II can get up and say"
he blurted out suddenly, that
am innocent Of the crime
they charge me with, and I can say
that never hit him with any deadly
weapon. The paper is what stuck
me-"
arm over the back of the chair and
continued to eye the judge Previous
ly he smiled and even laughed at SAL
lies that were made during the argu-
ment for new trial.
Judge Shows Emotion.
There was plainly an evidence of
emotion in Judge Bradshaw's voice
and eye as he talked, and as his re-
marks led up to the actual sentence.
here was no harshness In his voice,
and while he talked plainly there was
no evidence of feeling that would tend
to show there was satisfaction to him
in imposing the penalty. F.
After short plea for leniency by
Pelrs attorney Bradshaw began.
Jury Did Not Believe Witness.
''Your statement" began Judge
Bradshaw, referring to Pell, land that
of your counsel, would appear as tho
you made only an assault. The facts
are the jury did not believe your tes-
timony or that Of your witnesses. Now
if that was an open hand that you
struck Lepley with it was not empty
A man doesn't knock man down with
an open hand. There must have been
something in that hand. The jury
believed you hit him with the right
hand, on the left side of the head. 1t
is also in the evidence that this man
was trying to get away from you, and
that you followed him up and assaulted
him."
Explained TART Of Instructions.
The Judge referred to some of the
evidence bearing on the assault, and
then explained why he had taken from
the jury's consideration the charge OF
first degree murder.
"The reason / took the charge of
first degree murder away from the
i11rv." he said, "Was because I thought
YOU went out to slug, not to kill him.
| was in hope that some time during
the trial you would have taken that
view Of it."
PeIl Showed No Repentance.
Continuing on the bearing of the
prisoner during the progress Of the
trial, Judge Bradshaw, continued: Il
have been unable to discover any re-
greet or repentance on your part. Or
dinarily 1 would feel disposed to give
a young man a chance, but I have
found no evidence of repentance or
sorrow for what you have done since
you have been before me.
"If 1 am right in my suppositton
your best defense would have been
that you went out to hit him, but not
to kill him. see nothing of that dis
position, but instead defiance, especial
ly on the part Of your counsel"
Spoke FeeIingIy of Mothers Letter.
Judge Bradshaw spoke with much
feeling of letter he had received from
Pelrs mother in Dubuque, in which
she pleaded for her boy. 1.-THE only
obstacle in the way of listening to
that appeal" the judge said, 'sahd
Tightening the sentence, is that l fear
YOU have not yet realized what you
have DONE"
The judge said that the crowd which
watched Pell follow Lepley, and which
was composed partly of Pell's friends
seemed to have no regard for the
rights of others, and that there was
not a one among them that tried to
interfere.
In ending, the court said he thought
there was more perjury committed in
this case than in any other he had
ever heard. Sentence was imposed,
followed by PelPs flippant retort. The
appeal bond was fixed at $4,000.
Many Assailed by Motion.
The motion for a new trial was
based on newly discovered evidence,
and errors in the courts instructions
to the jury, which were set out in de-
tail. Affidavits were appended to the
motion, which attacked the reputation
of Mrs. Lepley, the widow, and her
daughter Elizabeth, also the conduct
of one juror, w. E. Tomlinson, also the
conduct Of w. H. Jones, chairman of
the board of supervisors, and G. w.
Burnham, who assisted the state in
the prosecution.
1t was claimed that Jones addressed
Thomlinson, while the jury was return
ing from breakfast the morning the
verdict was delivered, and that Jones