The Oskaloosa herald., 1909-06-03
WIN. KIRKPATRICK
GIVEN 80 YEARS
Sentenced By Judge Preston In Dis.
trict Court. 4
MAY DIE OUTSIDE OF PRISON
Should illness Anytime Give Evil
7 dence Of Approaching Death Judge
May Permit Him to Pass 5
Away Without the Walls.

With scarcely a whimper William
Kirkpatrick to-day faced the peniten-
tiary for life for shooting Ills wife and
brother-in-l'w, Thos. e. Cooney. The
sentence pronounced by Judge Byron
w. Preston was that he be confined
in the penitentiary at FIT. Madison at
hard labor for term not exceeding
thirty years. The advice given by
the court was that he had best amend
his ways at once and prepare to meet
his Maker. A large crowd waited in
the court room to hear the judgment
OF. the court and when the sentence
had been pronounced the defendant
was removed in custody of Sheriff Ed
Valentine ito the county, Jail to await
his trip to TT. Madison. ~
May Die Outside the Pen. q
Kirkpatrick, when asked to stand
up and state his reasons, If any, for
not having judgment pronounced, ap-
pealed to the court to relieve him
from dying within the walls, of the
penitentiary He did not allude to
his guilt or innocence but only com
planned of the influence Of talk IN the
community and the employment of
an outside attorney to assist the eoun-
ty attorney in the prosecution as in,
fluencing the fairness of his trial!
He reminded the judge that the ply
stefan had testified that he was a
consumptiye and unable to live long
in confinement and asked for leniency
on that ground. Judge Preston in
response to his request did not deny
that he was victim of tuberculosis
but suggested that the evidence in
regard to his being employed as a
ditch digger and the facts concerning
his tussle with Mr.. Cooney did not
indicate that he was in Il very weak
condition. He did, however, promise
that If the occasion should ever arise
when Mr.. Kirkpatrick was about to
die and that if he could be convinced
of that fact, he would be perfectly
willing to recommend that he be allow
ed to die outside the prison walls,
But he added that he would wanted 20
be pretty thoroughly convinced OF
the fact. ,. -. +. .5,,a
| Four Life Sentences.
Judge Preston has sentenced three
men to the penitentiary for life dur
ing the last three months, one at New
ton for rape. two at Montezuma for
murder and, if this should prove to
be a life sentence, it will make the
fourth he has pronounced during the
past three months. In reference to
this fact Judge Preston stated tnat 1t
was big responsibility he had to bear
in the administration of justice and
that it was no pleasant duty to per-
form, but in the interest of the de-
PENDANT and society he did not con-
slider that severe sentence would ne
| cessarily be an unjust one. He talked
kindly to the defendant and criticised
judges who abused conyicts when
given. an opportunity. ...
New Trial Refused.
Upon the opening of court the at
torneys for the defense filed a motion
for an arrest of Judgment and new
trial and Attorneys Kenworthy and
Phillips made long arguments in sup
port of the motion but Judge Preston
disagreed with them on most points
and did not call for any arguments
from the attorneys for the state, but
overruled the motion. Following the
disposition of the case court was I'd
iourned until August End, when several
matters have been set for hearing. ii