Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1911-08-02
BENWoOD SENTENCE
IS PRISON FOR LIFE
S. LOUIS. Won PHUL'S SLAYER
TO PAY PENALTY FOR
KILLING COPELAND
Trial Judge Observation-Disclosures Ac-
cuses Whitford Of Prosecuting Him
from Bench.

DENVER, Col. Aug AFTER listen
ing umoved to what was probably as
scathing a denunciation a judge on
the bench ever received at the hands
! of convicted prisoner appearing be-
fore him for sentence, Judge G. w.
Whitford this afternoon sentenced
Frank H. Henwood to the penitenti-
airy for life for the murder of George
E. Copeland, who was accidentally
killed by Henwood in the barroom
of the Brown Palace Hotel, May a.,
while Henwood was shooting at
Tony" Won Phul of St. Louis, who
also was slain.
Henwood's attorney had read a mo-
ton for a new trial, citing nearly 100
exceptions to the rulings of the court
The motion was denied and the court
asked Henwood if he had anything
to say, Henwood began:
Says Judge is Biased.
Judge Whitford, have been seven
weeks in the county Jail with over
100 prisoners. Every one of those
men is afraid for his life to come be-
fore you for trial. You have the repu-
tation of being a biased, prejudiced
Judge, whose only idea is to convict
the men who are brought before you.
! know. and you know, what consti-
tutes fair trial, and ! have not had
that from you.
Henwood characterized his treat
ment by the court and prosecutor as
persecution, and declared that the
attorney had been bound and gagged
by rulings of the court" and that his
trial for the killing of George E.
Copeland had in -reality been turned
into a preliminary hearing of the d.
vorce case Of John W. Springer.
Henwood recalled that he had been
denounced by the prosecutor as "a
destroyer of Mr.. Springer's home"
but maintained that he was and is
today John w. Springer's best friend
Henwood charged that the first day
Mrs. Springer was on the stand, when
1t was seen that she possessed knowl-
edge Advantageous to me" she was
excused. Later, when she was re-
called "a package of love letters writ.
ten by her to 8. L. Won Phul were
placed on the prosecutors table, in
plain view, and she was confronted
with a threat that they would be
read II she testified to any facts in
my behalf Not only this, but her
otherwise keen mind was dulled by
drugs"
Judge Whitford, ! cannot look upon
you as anything but prosecuting
Judge. When prisoner comes into
this court he is guilty in your eyes.
! am now ready for my unjust SEN
tence."
Sentenced to Lie Term !
The court replied:
i am not surprised at your senti-
ments. You have been in confinement
surrounded by fourteen men l have
recently sentenced to jail, but we have
nothing TO do with that here.
The courts reference was to four
teen miners sent to Jail for contempt
OF court. s.
He then pronounced the severest
sentence permitted under the second
degree verdict Of the Jury. x
Il am OF the opipion that the yer.
dict OF the jury In your case should
have been hrst degree murder. II
believe that you shot Won Phul be.
cause OF Jealousy over Mrs. Springer.
But for some reason the Jurors return
ed q finding Of second degree murder.
The law leaves the sentences to the
discretion Of the court. It Is the
opinion Of this court that you shall
be imprisoned In the penitentiary at
Canon City for life" >.A
Immediately Attorney John G. Bot
tom for the defense announced that
he would take IN appeal to. the su.