The Detroit times., 1909-05-11


4 10 take any chance to escape.
MERCER. Pa, May 10.-The heav-
K 1o1t penalty that the law OF Pennsyl-
wanna allows were given James H.
Boyle and his wife, Helen, today for
stealing Billy Whitla. Boyle was sent
4 70 the penitentiary for life on the kid
mapping charge. Mrs. Boyle was SEN
fEenced to Is years Imprisonment for
&t6ing and abetting the kidnapping.
Although the woman Is destitute,
J0dge Williams showed his DISPOSE
E tl0n 10 rebuke the crime to the fullest
extent OF the law by imposing on her
: the fine of $1,000 and the costs OF the
Drosecutfon, which are allowed under
the statute.
Attorney Miller's plea for mercy was
IN vain. When Boyle stood up for
kneutence, Miller announced that he
would speak for both prisoners. Il
can imagine q case In which the court
should inflict the maximum sentence,
Ne said This does not seem such 4
case. There Is no word OF testimony
tAat James Boyle maltreated Billy
Whitla In any way. He treated the
boy with Kindness.
There IL nothing in the boys letters
Ito show he was IA fear and nothing
WAS put into the letters 10 scare his
parents unduly. His testimony Is that
no unkind word was spoken TO him
while he was In the hands OF the kid
napers.
There is feeling that kidnapping
&c heinous offense. But it is not
worse than murder. The punishment
for second degree murder has until
recently not been more than ten years
End is now not more than 20 years.
No mark has been left on Billy Whitla.
No harm was intended him.
know the public clamors for a
heavy penalty. People have said 10
me- should not defend such people.
II ann lad there Is a streak Of hui
manity In 81 men, nearly all, and in
oil women, nearly all, that grants
had fair trial. I trust you will not
rrriGuers the heaviest sentence. They
have been found guilty and have no
\ complaint and ask you to temper Jus
tlce With mercy. putting public senti-
ment behind YOU"
Boyle said Judge Williams, have
you anything to say why sentence
should not be passed."
Not word" said Jimmy.
Judge Williams then began his
c6oree. He spoke Of old Hebrew and
4 Roman laws that made kidnapping pun
zphnhle with death. In all ages he said
Kidnapping has veen severely punished.
II The act under which you were con-
yicto," he said TO Boyle, was made
- Sero because more lenient pun
{khmenta were found Inadequate 10
MOP cnoh crimes.
Ut u law must be taken as repre-
. sentative OF public sentiment. The
<urt must take the law "a he finds
~ without regard to any clamor OF
which your attorney has spoken.
1T has been stated by your counsel
& that you took good care Of the boy.
That may be. The boy was your prize
& 1ockage."
when Mrs. Boyle was asked IL she
, Knew any reason why sentence should
not be pronounced. she answered:
mo. only I didn't do II and | con-
nsder the evidence very fimsy."
Mrs. Boyle was pale but without a
tremor.
n think you have had a fair trial."
replied Judge Williams Il do not see
how the Jury could have returned any
other verdict. believe the evidence
CLEARLY shows you planned The kidnap-
1ng with James Boyle.
The Judge mentioned her record.
Myz. Boyle started to Speak. but her
attorney sprang mp protesting Il sub
mit." he cried. There "a nothing In
s The eveidence about her record"
= II was about TO state the fact said
<|odee williams.
After sentence was raised, Mrs.
B0y1o asked, May | speak,"
| she had collected Herself by this
11lne and meant TO say something
worth while. But there was no an
|&weF and she sat down.
n Nh. Boyle was sick this morning
, and Cor time II was feared she might
F no( - able 10 come 70 court While
D1n(1uco WAS being pronounced. she
3 n(oo6 ok1dlly erect hut once outside the
|<our< ropm she swayed into the arms
~ guard and seemed about to faint
11n ohe pressed her hands to her
No. Dot herseIf together and walked
Md up. Once In rer cell. shc
&I1&o DOWN ana wept Historically.
~ crowd that packed the court
m roc1(ved the sentence In abso-
~ 11DeDce While 1hc prisoners
o he)ng led back to their cells
~ ves no demonstration OF any
oaly eounsut Of J. p. whitla.