Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1914-03-18
CONDUCTOR FRENCH
HAS BEEN PAROLED
Will Escape Expected Term in
the Penitentiary
Judge CIementson Gives Extended Reas-
ons Why He Thinks Such Ac-
ton is the Proper Thing


freight conductor. recently convicted
in the circuit court held in this city of
the crime of manslaughter in the third
degree, the penalty of which is i'm
prisonment in the state penitentiary
for term of from two to four years,
has been paroled by judge Clementson
and placed under control and manage.
ment of the state board of control for
a period Of two years, thus escaping
ing incarceration within the walls of
the prison whose gates were yawning
to receive him.
This action upon the part of the
judge will naturally occasion more
or less comment, and he has pre-
pared for publiction the following
lengthy and detailed resume of the
case, showing why he considers a
parole to be the proper course in the
matter
The jury found the defendant guilty
of manslaughter in the third degree.
which is punishable by imprisonment
in the state prison not less than two
years and not more than four years.
Thereupon the defendants attorneys
moved the court to arrest judgment !;
for a new trial and, if both motions
were refused, then that sentence be
suspended and the defendant be placed
upon probation, or that if sentence
oh Ioo ho4 hn
tion thereof be suspended. [ am not
ware that there is any error in tie
record of this case and none has been
pointed out to me. It is, therefore,
determined that the motion in arrest
Of judgment be denied. The motion
for new trial is also denied, for
these reasons: This was not clear
case of the guilt of the defendant, as
is evidenced by the length of time tbs
jury we're out before agreement. The
testimony was conflicting, but its
credibilitY and weight was for the
jury to pass upon and there was
sufficient evidence if the jury believed
it to sustain the verdict In such case
the court should not set aside verdict
though he may feel that if he had
been one Of the jurymen he would not
have agreed to find the defendant
guilty. In all cases the court has the
power to set aside verdict of guilty
and grant a new trial, for cause or
arbitrarily but he should not exercise
this power unless he is convinced that
there is no trustworthy evidence to
sustain the verdict, or that he COM
mitted error during the trial. The
defendants attorneys do net seriously
claim that the judge erred in his
rulings or in bis charge to the jury in
this case, and l am satisfied that this
trial was conducted without error pre-
judicial to the defendant I will now
consider the third motion. This is
based upon section 4734-a of the
statutes. which reads:
whenever there is a conviction in
any court of this atate of a felony,
punishable by Imprisonment for a
term not exceeding ten years, convic-
tions under section 4587-c of the
statues excepted, aud it appears to
the satisfaction of the court that the
person convicted has never before
been convicted of a felony, either in
this state or elsewhere, that the char
acter of the defendant and the cir
cumstances of the case indicate that
ne is not likely again to commit crime
and that the public good does not re-
Quire that the defendant shall suffer
the penalty provided for by law, said
court may, except in cases otherwise
provided for by law, by order suspend
the Judgment or stay the execution
thereof and place the defendant on
probation, stating therein the reason
for the order which shall be made a
part of the recond."
In view Of the language Ct this
section and that application there
under is made for the probation of
the defendant, it is essential that the
material circumstances of the homi-
eide of which the defendant has been
found guilty should be considered, and
also the character of the defendant.
French was the conductor of freight
train No. 80 of the Lacrosse division
of the Chicago, Burlington & Quincy
Railroad company. This train left
Lacrosse on the morning of October
10Th, 1918, about six O'Clock as a
special stock train under directions
to make the best time practicable to
Savanna, Illinois. Besides French
the crew consisted of the engineer,
the fireman, O'Neill the front brake.
man, and Rand the rear brakeman.
When French got upon the train at
Lacrosse he had his street clothes on,
and his shirt was light colored. His
train clothes were in a locker In the
caboose, and the shirt Of that suit
was dark. When he changed his