The Leon reporter. (Leon, Iowa) 1887-1930, 1909-11-25
TWO ARE SENTENCED
Francis neathman Sentenced to Two
Years and Carl Banks to Five
Years in State Retormatory.

hand" letters to w. A. Hopkins. the
Lamont banker. getting two years in
the state reformatory at Anamosa,
and Carl Banks. a young man also
living at Lamont, was sentenced to
five years at Anamosa for bigamy.
The facts in the "blackhand" case
were given to our readers in full at
the time the letters were written last
August and young Heathman has
been in Jail ever since, the grand jury
having indicted him on the charge,
and his attorneys endeavored to have
Judge Towner give him jail sem
tence and fine instead of sending him
to the state reformatory, but after
investigating all the circumstances
surrounding the case and his previ-
Gus record, the court sentenced him
to tive years at Anamosa, the extreme
penalty provided by law for the crime
charged.
In passing sentence on young
Heathman Judge Towner gave the
young man some excellent advice,
which should be a warning to many
other young men who are passing
their time in idleness and in doing
petty criminal acts, and we print it
in full as follows:
At the commencement of this term
counsel representing the defendant
came to me and stated that the de-
fendant would file his written plea of
guilty, and asked the court, If 1t
could do so, to save the defendant
from going to the reformatory. Coun-
sell spoke to me about the matter and
asked me to investigate and find out
for myself the conditions as they ex-
;oh icph
rant the court in not being compelled
to send the defendant to the reforma-
tory. / am satisfied that counsel for
the defendant believed, in good
faith, that the court would find such
conditions existing at that time.
The things that can be said in
favor of this young man are, first,
that he has good father and moth
er. j do not know when there has
been case in which a young man
has been before me for Judgment and
sentence who was less justified in
wrong doing than this young man.
His father seems to have the uni
versal commendation and high es-
TEEN of almost every man, woman
and child in the community in which
he lives. And so does his mother, so
far as ] know.
This young man has been brought
up in a community where education
al facilities were better than those
usually afforded young men. 1t was
supposed by his counsel at the time
that they talked to me that he had
always taken advantages of those
facilities. l find out from investiga-
ton, however, that this is not true.
The young man has not lived up to
his advantages in those regards, and
has not taken advantage of his school
opportunities such as he ought to
have done. The defendant had a
position as substitute mail carrier,
and it was supposed that he was try
ing to do his best to fulfill the duties
Of that position in a creditable man
ner. But | find out that he has not
been Industrious; that he has been
more addicted to idleness than to in
dustry, and that is not to his credit.
1t appeared at first to counsel, and
to the court, and | am quite sure to
the county attorney, that there was
probably not very much against the
young man in the way OF previous
acts of criminal nature. But ! find
that this is not true; that there are a
great many perhaps small, but some,
however, important cases, or in
stances, in which this young man has
not obeyed the lawn fact, in which
he has been a criminal before this
time
l am at loss absolutely, to under
stand why these conditions should
exist. l feel very, very sorry indeed,
that they do exist. / would have
been very glad indeed to believe that
L; Iof1 ha1 n
of previous good character who had
simply made serious and terrible
mistake. But, unfortunately, the
situation is such that the court would
not be warranted in exercising the
only discretion that he has in the
matter. / could fine the defendant
or give him Jail sentence. or send
him to the state reformatory. Those
are the only options that I have
Unfortunately, however, from the in
vestigations that the court has made
the option of infiicting a fine, OF
sending him to the county jail, is one
that the court could not, with JUS
tice, indulge in in this case.
In every instance of this kind
there are two things to be consid.
cred. The first is the defendant him.
self. If / should allow this defend.
ant to think that he could commit sc
serious a crime as this, after having
committed other crimes of not sc
serious a nature, but of which this
last crime is really the elimination
if / should allow the defendant tc
think that he could do this, and then
appeal to the court and escape just
punishment for it, would be of nc
value to him. / fully understand
and appreciate what he has done in
confessing his guilt and filing his
written plea of guilty. 1t is manly
fair and honorable on his part.
sincerely trust this will be sufficient
lesson to him, and cause him to un'
derstand that 1t is not possible fol
him to enter upon and continue 8
life Of crime, and either succeed in il