Norwich bulletin., 1913-11-18

 l ing which no agreement could be reached, the jury was called and court | reconvened, only to receive a request for another short recess sfor further | conference. This was at 3.35. The second recess lasted but six or seven minutes and at it's conclusion States ! Attorney Searls said he had been ad- vised that the accused was going to ! change his plea to certain counts, namely the 9th, 10th and 18th.
 Howarth Changes Plea. 1 The prisoner rose and to each of these counts pleaded guilty. in a clear, firm voice.
 States Attorney Searls then said: If Your Honor please, I suppose that all that remains is to move for sentence, and in making this motion l can truthfully say to the court that it is one of the most painful experiences of my life, that I have been obliged in this court to move that a brother law yer, a young man of ability. whom have known personally since he com menced to study law, has come to this extreme. It is a very, very painful thing for me, but perhaps that is neither here nor there, but 1 state it as fact because I feel it, and l feel better for stating it.
 The question remains what punish ment or sentence should the court i'm pose in this case?
 f4owarth Not in Vigorous Health.
 Now Your Honor has heard the facts, they have been very fully pre- sented to the court after more than two weeks of a continuous trial and I do not feel that there is very much that l can say to enlighten the court as to the facts in the case bearing upon these three counts. I feel that the crime is a fearful one. It has en- dangered not only public property but the life of the individual, and the crime is not an isolated case but consists of at least three. as I understand it, and the punishment must be commensurate with the crime
 l am advised and it has had some effect upon me for 1 confess I have been very much perpleXed as to what 1 ought to say to the court about this. 1 want to do my full duty by the peo- pie of Putnam. the community the state, and at the same time l do not want my own feeling that a terrible crime has been committed to over come my judgment; in other words. do not wish to sacrifice the judicial temper, if 1 have it at all in what I have to say to the court and I trust that | have been able to preserve that feeling and that temper throughout the trial. 1 desire to say this: 1 am advised that the goung man has not the most vigorous health. and that has had some weight with me- that he has tendencies at least towards pull monary trouble. Perhaps that should weigh little in the consideration of the sentence which is to be imposed upon him.
 Sentence Of at Least Eight Years.
 Now, if Your Honor please, it seems to me that there must be a sentence here commensurate with the offense, and yet I think there should be hope held out to this young man as to the maximum.
 I suggest to Your Honor. and I don't know that there is anything more that I need to say about it. that he should receive upon the count endangering the Nbuilding of Ellen TetreauIt name ly, the ninth count, not less than eight nor more than ten years, and l think upon the other two counts where the penalty of course is a maximum, no minimum that there should be two years added in each case. If that be so, it would make a term of not less than eight nor more than fourteen years. l feel in doing that in suggest ing that, that there should be at least eight years. I think the safety of the community, or.~aS I might say, notice to other people who are disposed to perpetra te crimes of this character, that it should be a sufficient notice that the penalty Is severe. I think they should understand that. Al least elSOt Y ears SIOuiu pc itle .fllQifnUl0- Then between the eight and the four teen is the opportunity which is all ways given to the accused so to con duct himself as to merit the approval of the authorities and the board of parole have control of that and it is nothing to me or Your Honor.
 Twelve Counts NoFed
 I therefore suggest to Your Honor that he be sentenced upon the ninth count to term of not less than eight nor more than ten years, and that two years additional be given upon each of the other counts. l think that is fair, and it seems to me that there is mercy at the same time that it is tempered with justice. l think there should be as much as that, as l said before.
 The Court: Are the other counts to be nolled?
 MT. Searls: The other counts. Your Honor to be nolled. That is the sug- gestion which 1 made to my brothers, and which l said l would state to Your Honor
 Mr. King: If Your Honor please, T have nothing to say except this, and perhaps my brother covered that in his last statement. This plea is made with the distinct understanding that there were 15 counts, and that the other 12 counts should be nolled
 The Court: I understood the state attorney to say that
 MT King; mat lS we plead to three of the 15.
 MT. Searls: That Is certainly so.
 Court Addresses Prisoner.
 The Court: Howarth, stand up. Il certainly share to a great extent the feeling of the states attorney in refer ence to the sadness of this case. It seems almost incredible that young man of your promise and apparent ability should descend to such depths involving not only destruction of prop erty but that of human life The evil dence has disclosed an apparent mo- tive wholly inadequate from any standpoint, as 1t seems to me, and it indicates great depraYity of heart If is not a case where you have not been surrounded apparently with proper environments; your education youT surroundings, your attachments, all seem 10 indicate that you had every thing surrounding you tending to lead you to higher aspirations.
 l think the states attorney has been very lenient in yielding in the other charges. It seems to me that the eyi dence is very strong in support of some, at least, of the other charges. However the punishment suggested perhaps may accomplish the purpose. 1
 Sentence Imposed by Court.
 One of the principal considerations to be observed in imposing penalties is to furnish an example to others who .~~ OB~s Hwpva@