Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-01-18
TOuc HING PLEA OF O'BRlEN'S
COUNSEL AND CHARGE OF
JUDGE kNEESHAW
AWFUL ARRANGEMENT OF Il.
QUoR EVIL AND .LAxiTY OF
PARENTAL INTEREST
A BIT OF OFFICIAL RECORD THAT
SHOULD BE READ BY
ALL

Kneeshaw on the occasion of the SEN
fencing of James O'Brien of Neche to
life Imprisonment in the penitentiary
will be of interest. Before passing
sentence Judge Kneeshaw said:
"You are accused of murder in the
first degree for the murder of Arthur
LeClaire on Dec. %, in the town of
Neche, with malice aforethougIlt, with
premeditated design to effect the
death of Arthur LeClaire; then and
there assaulted and beat him with a
hatchet from which he died. Have
you any reason why the court should
not pass sentence upon you?"
Plea For o'Brien
J.P. Conmy, counsel for defendant,
in reply, said:
CAT this time, before sentence is
pronounced, we wish to say few
words. We know just the position in
which the court is placed in this case
according to the law. However, we
throw ourselves upon the mercy of
the court and ask for clemency. Con-
slider the character of the accused.
He is not a hardened and unfeeling
criminal. We do not mean that there
should he no punishment for crime.
on account of the tender age-but we
do feel that in this case where boy
has confessed. In such case, your
, honor, we believe that there is due
] clemency from this court. However,
now that matters have been placed be-
fore you in their true light, that the
accused stands before you readily,
bear in mind the youthfulness of the
lad-life is sweet to him-and the
heartrendings of his parents. Extend
to him all the clemency in your pow
err This confession was not given to
q obtain the mercy of the court It
was given by James OBrien with the
purpose of raising the shadow of
doubt, If there was any, from others
and to prevent any further torture to
his parents. On the circumstances
surrounding the crime let me dwell
Let me introduce to you the surround
; ings which have assailed the life OF
the accused, the bars and saloons OF
/ Gretna, the one necessary qualifica
ton being the price. How. easy te
, pass from one station to the other
Think of the temptations which sur
! round your life, of the temptations
of any boy at the age of. 16. How
easy then it was to fall to the temp
tation, while robbed of his sense.
, from the unlawful administration o
! others While we ask for clemenc!
; we know the position in which tn,
court is placed. His confession wa
made to free all others on whom tn,
shadow of doubt might rest"
Court to the Accused
!. Judge Kneeshaw said to Jane
( OBrien:
'sThe law Of the state when a dc
PENDANT pleads guilty to charge Q
murder provides that if he plead
guilty to murder in the second degre
it then devolves into murder and tn
court may then examine witnesses i
order to inquire into the enormity G
the crime, or he may call in a jur
to pass on the punishment, or he ma
refuse to pass on the plea, and sui
nit the case to a jury. In this Gas
| have decided to receive the plea {
guilty in the first degree and / wi
say that by SO doing have bee
placed in very trying position. You
James O'Brien, | have known sine
you were a baby, and / have know
your father and mother for 80 years
b They are some of the old settlers
the county, and when say old Sc
tiers of Red river valley l mean the
consist of the best people that eve
lived. I have known your fathe
cd to like him as a brother and it
indeed trying thing for me to pas
sentence upon you. I have no doul
that the cause has been whisky.
have no doubt that the bars of Gre
ma are largely responsible for til
death of LeClaire. No person ca
realize that boy of your age coul
ever commit crime as has been d
veloped in this case. No more da
|. tardly deed has ever been committe
in this country.
Judicial Murder
THE penalty provided for such
crime is death or Imprisonment Il
life. In this case / will say and fe
proud to be able to say that / co
sciously do not believe that capt.
punishment is justifiable. Hanging
nothing but judicial murder. There
no excuse for a state to take ms