The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-11-21
Persons Found Guilty in Dis
J trict Court Melted Punishment.
Two Pay Penalty of Murder by
Long Terms in Prison.
CAN CHEW TOBACCO At "PEN"
For This Reason Youth Prefers
State Penitentiary Life.
Varied Assortment of Prisoners
Appears Before Judge Dana.

1.-The prisoner has advised me thai
y he would prefer to be sent to the pen
~ itentiary than the reformatory be-
cause they will let him chew tobacco
at the former institution" announced
w. E. Atchison, county attorney, as he
district court this morning when Har-
ry Fleming stood UP to receive SEN
tence for the theft of an $500 automo-
bile. The youth had employed his
opportunity to address the court Dy
asking clemency.
us that SOP" asked Judge Dana
looking over his spectacles at the en-
barrassed prisoner 1T is we1ghty
consideration and one that should be
given due Importance by man when
the question of his liberty is at stake.
Had you rather be sent to the peniten-
tiary?"
IT think a man stands a better chance
a. Of getting out quick there than at the
y reformatory," returned Fleming.
g. you are sentenced to confinement
until released"
This means an indeterminate SEN
tence Of from one to five years at hard
= labor. the term depending on the pris-
!, oners behavior. 49,.
Porter Gets Twenty Years.
j Sampson Porter was sentenced to twen-
ty years at hard labor for the killing
, Of Frank Bayless by a shot fired on
T the night of December 2, 1913. Bayless
lived nearly four months. The jury's
: verdict was returned a few days ago
as murder in the second degree. Porter
had nothing to say when the court
called him up to receive sentence to-
day. The county attorney said:
''Since this trial, important evidence
(. has been brought to my attention which
! would, / am convinced, have resulted
in verdict of murder in the first de-
T. gree had it been laid before the jury
A person who has concealed his iden-
tity because of fear of the people in
the Bottoms has advised me that he
heard the shot and Outcry of the
wounded man as he pleaded for mercy.
He listened from a nearby window and
distinctly heard Frank Bayless beg for
his life, telling Porter he would give up
: II he would not beat him any more.
believe this statement ought to be
taken into consideration by the court
in fixing his sentence
Porters attorney. Arthur ]. Bolinger.
was instantly upon his feet.
THAT same statement has been
'scounty attorney will bear me out in
saying that the same man told the
same sort of a story after Forty Bry-
ant had been convicted. 1t is the kind
!, Of story one can nearly always hear
7 after crime of this sort has been
committed. 1 do not believe the court
. should give 1t any weight. l believe
the court should consider. however,
the moral responsibility of this man
at the time of the shooting. Blamable
as both men were for the situation, his
condition was at least partly respon-
sible for the consequences
Judge Dana asked:
Had this prisoner not violated a
parole from the state reformatory at
Hutchinson? What had you been sent
there for, Samson"
Grand larceny
II will sentence you to 20 years con-
finement at hard labor in the peniten-
tiary. l think society needs protec-
tion." ---
Minimum for Sallie Clark.
Sallie Clark. young colored wo-
man, stood sober and silent before