The Idaho Republican., 1914-10-30

Judge Bryan said in passing SEN
tence that he understood that up to
the year 1911 the sentence had been
fixed at from one to 10 years, but
that in that year the legislature
changed the law to give the court a
certain discretionary power in pass
ing sentence. He commented upon
the apparent fault in the laws which
makes the term for a man who has
taken SCI greater than that of a
public official who embezzles half a
million and state it as his belief that
the matter was undoubtedly an over
sight.
Agreement not Binding
The court said that while he was
always willing to consider the agree
ments made between attorneys he did
not feel that he should be bound by
them, intimating that even had the
agreement between the prosecutor
and the defendants attorney settled
on the one to 10-year sentence, he
would not feel bound by it. He then
called upon Mr.. Allen to stand, and
sentenced him to term of from five
to 10 years in the penitentiary. The
commitment is as follows:
That, whereas the said o. V. AL
len, having been duly convicted in
this court of the crime of embezzle-
ment,
ut is therefore ordered adjudged
and decreed that the said o. v. AL
len is guilty of the crime of embez-
element and that he be punished
therefor by Imprisonment in the pen
itentiary of the state of Idaho for
not less than five years nor more
than 10 years. The defendant to be
remanded to the custody of the
sheriff of Ada County, Idaho, to be
delivered by him into the custody of
the proper officers of the said peni-
tentiary.
ED. L. BRYAN,
presiding judge"
Makes no Statement
Mr.. Allen had nothing to say con-
corning the outcome of the trial. Let
the law take it's course; l am ready to
face the penalty" was his only COM
ment. This was his att 'tude all dur
ing the day. He greeted all his
friends in the court with smile
and hearty handclasp and appeared
to have made up his mind as to the
future. BY $3.50 o'clock he was an
inmate of the state penitentiary.
Coming back to Idaho from Port
land of his own free will, Fred M.
Coleman, former dep ty state treas
urer, arrived in Boise at 2:15 o'clock
Thursday afternoon. Deputy Sheriff
Robinson was at the trail. to meet
him and he was Immediately placed
under arrest on complaint sworn to
by Governor Haines, charging him
with the embezzlemert of twenty-five
Thousand dollars of the states funds,
He was arraigned before Justice of
the Peace Bower and his bond fixed
at five thousand dollars. H. N. Cof-
fin and B. F. Oldea went on his bond
and he was released from C, stody.
The date of his preliminary hearing
will BIT set later.
Events Come Quickly
Mr.. Coleman's arrival in the city
was not altogether surprise. Tele-
grams had been received from him in
the morning by his attorney, A. A. !
Fraser, announcing that he was on
his way to Boise.
One or two of his friends, Deputy
Sheriff Robinson, and the newspaper
men were on hand when he alighted
from the train. His friends greeted
him and he shook hands with them.
Then he turned to the deputy.
They knew and greeted each other
II suppose you are looking for me-"
said Mr.. Coleman The officer an
swered in the affirmative and with
out further ado they climbed into
waiting taxicab and were whisked to
the court room of the committing
Overrules Attorney
Arriving there, Mr.. Coleman called
his attorney on the telephone. Mr..
Fraser was soon on the scene. He
looked over the complaint and waived
formal reading of it.
G. P. Barnes, deputy, prosecutor,
suggested that the bond be fixed at
ten thousand dollars, but Justice of
the Peace Bower made 1t five thou
sand.
Obtaining bond form, Mr.. Fraser
went out and within o few minutes
returned with the completed bond,
bearing the signatures of H. N Cof-
in and B. F. Olden. Mr.. Barnes
thereuDOn made a motion that tho