The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1913-10-04
NELSON GETS A
LIGHT SENTENCE.
JUDGE O'BRIEN LISTENS TO THE
PLEADINGS or COUNSEL
ANTILIA ALSO FARES WELL
Latter Given From 3 To 10 Years Only
aFew Unimporant Matters We're
Taken up This Week

Judge o'Brien returned from
Houghton last Monday evening aud
on Tuesday morning the work Of the
circuit court was resumed.
On Saturday jury was impaneled to
try the case OF the People vs. Steve
Maringo of Amass charged with a
violation Of the liquor law but when
IL came time to arraign the defendant
Clarence Dwyer sprung surprise by
calling the attention of the Judge to
gross irregularity in the warrant apd
on investigation il was found that the
date was wrong and that the form Of
the complaint was so faulty that the
defendant couldn't be held under ii
and he was Immediately discharged,
The papers had been made out pre-.
vious to Mr.. Waffen's term of Office
and he was depending on them en-
tirely so there was nothing to do but
abandon the case
The Hall murder case couldn be
tried because of the absence of an inn
portant witness and that went over the
term.
Tuesday morning the mandamus case
of Oscar johnson against the county
treasurer was put on for hearing.
This was an action brought by John
son to test the right of the county
treasurer TO refuse 10 issue license 10
him. The facts in the case showed
that Iron River WAS entitled to IA
saloons last April; that the village
council at it's regular meeting passed
upon IL applications; that sub
sequent meeting the council passed
favorably upon 4 additional licenses
When Judge o Brien got the facts in
he case before him ne informed the
paintiff that be had no standing and
ruled against him. This was test
case and if johnson had succeeded the
Others would have insisted upon their
licenses
immediately after dinner the two
convicted men were arraigned for
sentence. The case Of Nelson was
the irst one considered. Pros. Atty.
Waffen entered plea for leniency in
behalf of the convicted man in an
address TO the court that contained a
great deal of feeling He was follow
ed by Mr.. McHale who also pleaded
for mercy for his client.
When asked IL he had anything to
say why sentence should not be pro-
noEnced upon him, Nelson stood up
and addressed the court. calling atten-
tion TO his wife who would be left
alone and In III health should he have
to leave He finally broke down en-
tirely and cried.
Judge o Brien addressed the man
In very kind and encouraging words.
he called the attention of Nelson to
the lcng standing Of the quarrel to.
the fact that he tNelson) stood upon
his legal rights in the controversy
with his brother in la " that he want
cd his 5pound of flesh and went TO
the limit 10 get IL. The controversy
showed no tinge Of humility on the
part OF Nelson no tendency TO soften
his demand for his legal right to the
land in question. As result the fatal
quarrel and the fatal shot. all Of which
might have been avoided had Nelson
evidenced any disposition 70 be agree
able.
Judge O'Brien dwelt upon the pre-
vious good standing of the man in
the community of the fact that his
neighbors were IN court prepared 10
raise any fund necessary to py his fine
or testify to his good character. Az
the same time he pointed out that the
jury had taken the most lenient view
they could of his case the had found
him guilty of msnslughten inastead
of muider
Il am, think. as lenient as any
Judge In the state in dealing with
men charged with crime. unless II ia
the distinguished jurist who usually
occupied this bench. said Judge
O'Brien. 4" do not send men TO jaiI
TO punish them but that other men
may know that the law cannot be vio-
lated without resultant retribution.
There is too free use OF deadly wes.
pons and while know that sending
you to jail will not bring back the
life You have taken. yet have . duty
to perform that other men may be led
TO think before they resort to the use
of deadly weapons
Judge O'Brien then sentenced the
man 20 not less than one or more than