The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1908-01-10
District Court.
Continued from first page.
APPEAL FOR CLEMEMCY

CO0ClnuOO from nrSC page.
APPEAL FOR CLEMEMCY
BY ATTORNEY COMFY
"At this time before sentence is pro
nounced, we wish to say few words
We know just the position in which the
court is placed in this case according to
law. However we throw ourselves upon
the mercy of the court and ask for
clemency. We ask you to take into
consideration the character and circum-
stances of the accused. He is not a
hardened and unfeeling criminal. He
is but boy and while we do not mean
that there should be no punishment for
crime on account of his tender age,we do
feel that for this reason there is clemen-
cy due from this court. Bear in mind
the youth of the lad, that life is sweet to
him and think of the heart-rending feel
ings of his parents, and for these rea-
sons extend to him all the clemency in
your power. He has made full and free
confession of the crime. This confess
was not given to obtain the mercy of
the court. 1t was given for the pur-
pose of raising any doubt, if there was
any, from others, and to prevent further
torture to his parents. We call your
attention to the surroundings and cir
cumstances of the case. The bars of
Gretna were open to these boys, the only
necessary qualification to obtain liquor
was the price. Think of the temptations
surrounding this young lad and of the
temptations surrounding us all at such
an age and we wonder that any escape.
While robbed of his senses by the un-
lawful acts of others he committed this
awful crime. While we ask for clemen-
cy, we know the position in which the
court is placed and only ask that which
the court in its wisdom may be able and
willing to grant.
SENTENCE OF THE COURT.
The law of this state wi en- the defend
ant pleads guilty to the charge of muir
der, provides that the court may then
examine witnesses in order to determine
the enormity of the crime, or he may
call in ajury to pass on the punishment,
or he may refuse to accept the plea and
submit the case to the jury. In this
case have concluded to accept the plea
of guilty of murder in the first degree,
and l will say that in SO doing I have
been placed in very trying position.
You, James O'Brien, I have known
since you were baby and I have
known your parents for thirty years.
They are some of the old settlers in the
county, and when say old settlers of
the Red river valley, mean that they
consist of the best people that ever lived
I have known your father when I was a
young man and I learned to like him as
brother and it is indeed trying thing
for me to pass sentence upon you. I
have no doubt that the cause has been
whisky. I have no doubt that the bars
of Gretna are largely responsible for
the deaf of LcClaire. No person can
realize that boy of your age could
commit such crime as has been de-
veloped in this case. No more dastardly
deed has ever been committed in the
county. The penalty provided in the
law for such crime is death or imprison-
ment for life. In this case will say.
and I feel'proud to say, that conscien-
tiously I do not believe that the state
has the right to take the life of any per-
con anymore than has an individual;
and believe the hanging sentence is
judicialsmprder and almost as bad az
the original one. There is some excuse
for. lynching. when committed in the
heat Of passion, yetin my opinion, there
is no excuse for keeping man for eight
or ten:.months, or years as sometimes
happens, in jail and then taking him out
and hanging him in cold blood. / be-
lieve that most people are coming t.
look upon capital punishment as q relic
OF barbarian.
Now Jimmie you can SEQ what whisk,
has brought upon.y and your friends
You canbnov realize that you in colo
blood killedNour chum and sent hin
beiors hs Maker without time for pro
psntion. You can zee what troubl,