Omaha daily bee., 1910-03-22
NABRAY GANG Is SENTENCED
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CONTINUED. from First Page,)
will live and dine in the compound of
Warden McCaughrey at Leavenworth daily
for fifteen months and pay fine Of 500
each
winford s. Harris will spend six months
in the Montgomery county jail and then
pay a fine of 500.
Shores, Marsh and Harris are the men
who pleaded guilty, and saved the prosecu-
ton the cost Of a trial, likewise giving up
some valuable information. Judge Nc
Pherson took their docile behavior into
consideration in sentencing them,
r.. e. L, Goddard Qf,cDallas, Tex, in
whose case the jury was unable to agree,
was ordered released on his own recogs
nlzance. The court warned him that this
trial might not be asfinal adjudication of
his case and that in. any event when he
returned home he should5telI his neighbors
how narrowly he escaped going to the
penitentlary. ~ ,--e~
How They g1EaysaApDeaI. ye
| The court anTeuncad aothat any Of the
prisoners desiring 10 y6ke an appeal could
do so on furnishing A. good and sufficient
bond in the, SUM Of 5000, but only with
Iowa sureties. ~a tcl
| For Mabray Emmett Tinley, his attorney,
announced the chief Of the gang win not
take an appeal. ssi
Through their attorneys. Powell. Mccoy,
Robinson and Leach, announced they win
! appeal. Lozier will also appeal II he can
get the necessary bond.
| Discussing the attempted alibi for Pow
ell, In passing sentence, Judge Mcpherson
said he believed the affidavit was founded
solely on perjury. He considered Powells
! guilt beyond question.
! When stood up for sentence, each defend
ant was given an opportunity to say what
ever he had IN mind. Nearly every one OF
them grasped the chance to say that he
mad 10 intention of using the malls TO de-
fraud, but not one of them went so.-far
as to deny being connected with the swlnd-
ling operations.
| When the prisoners were brought up for
sentence the court room was packed to the
last inch of standing room. The words OF
the judge were ntently listened to, but
there was no demonstration Of any kind
| by prisoners or audience.
The expected had happened.
! This result Of the federal court trial Is
but the beginning; various states get a
whack at the gentlemen yet.
words of the Court.
In giving Mabray and the other nine de.
PENDANTS the extrefe sentence permitted
under the law Judge Mcpherson said:
Either through oversight or otherwise
congress fixed Imprisonment for two year.
and $4,000 fine as the maximum punish
ment under this statute. l do not wish Il
criticise congress for this, but in som'
cases l would say that this punishment Il
entirely inadequate. SO far as the time 4
concerned it is practically imperative. 1
can be neforced by levy on property o
the defendant, but In ninety-nine cases ou
Of 100 the defendant has no property.
venture to say that not more than cent
on every 500 Of fines imposed is collected
and the limit OF imprisonment that can b
inflicted IN lieu OF the fine is thirty days.
Judge Mcpherson also said Il endors
the verdict from first to last l have n
complaint to make because the jury failed
to agree in the case OF Goddard. l wal
myself in doubt as to the testimony of III
witness Titterington i have no respect /
the world for such a witness. 1t was evi
dent he tried to shield the defendant an
was either under the influence Of liquo
or, some drug, i believe Goddard was u
TO his chin in this crime and the onl
doubt was as to the statute of Limitation
as applied to his action"
Special Session Promised.
After disposing of the cases against tn
several. defendants and passing sentence o
them Judge Mcpherson said as soon a
the federal officers rounded up anothe
batch Of the members Of the gang he woul
hold a special session Of court for thei
trial in the summer or in the fall, bu
would not let the trial interfere again wit
the regular business OF the court tern
ct is not fair TO litigants in civil suits t
have the entire time OF the term occupie
with case like this TO the exclusion OF al
other business" declared the court,