The star-independent. [volume] (Harrisburg, Pa.) 1904-1917, 1915-02-08
.BLUECOAT TO PEN.
FOR Il TO 20 Year
Continued From First Pase.

mace so that they may perform their
official duty and secure the arrest of
persons for whom they have warrants
and prevent the escape Of those who
have been arrested and are trying to
get away.
"When police officers use weapons
they must be cautious about the way in
which they use them. You used re-
volver without any right to do so and
not while in the performance of your
official duty. If the dead man had made
any attack upon you and he was re-
garded by you as a lawless, dangerous
person, the jury might have concluded
that you had the right to use weapon
qaicker than under other circumstances,
but there was nothing of that kind
shown.
Mercy Plea Carries Weight
"We will regard the recommendation
for mercy which the jury has given,
but if it were not for that, We would
feel warranted in imposing the maxi
mum penalty of the law, which is TWEEN
ty years"
Scott shot Nathan Banks on Satur-
day night, August /, last, after bat
tie of words, in which Banks threatened
to tell the patrolman s wife that Scott
was attentive to another woman.
Banks fell dead from bullet in the
doorway Of his home, 1119 Monroe
street, and the enraged patrolman ran,
later giving himself up at police head
quarters. Judge McCarrell briefly
summed, up the story of the crime as
follows:
"The Testimony against You was ex-
ceedingly strong. 1t is true you were
police officer. You were in the uni
form Of an official of this city, but
in the firing of this shot you were not
using the weapon which the law per-
mitted you to carry for the purpose Of
performing the duties of your office in
the discharge of any official duty. You
were not attempting to arrest Nathaniel
Banks. There was nothing done by
him which would apparently have war
ranted his arrest. He used some Ian
guage which was offensive to you. You
seem to have lost your temper.
Court Reviews the Testimony
'EYou told him to go home or you
would run him in. He started home
and you threw your mace after him as
he uttered some more offensive words
He went to his home and was standing
in or near the door of his house, when
you came within speaking distance,
asked for your mace, and he told you
he was going to take 1T to the Mayor s
office on Monday morning and report
you, and, more than that, he would tell
your wife of conduct which would indi-
cate infidelity to her.
"The testimony of the Common
wealth s witnesses was that as he made
that remark you said, Repeat it, and
as he was repeating it you drew your
gun, took off the holster and when the
statement was completed you fred the
shot, Banks fell and you said, you will
not tell it now.' That language would
bear Interpretation that you hade in
YOUR mind at that time fixed purpose
to take his life, of which purpose you
were conscious, and when you saw him
fall YOU felt that you had accomplished
your purpose and said, you will not
tell it now.
Scott Has Wife and Two Sons
Since Scott has been in Jail, more
than six months, his wife has been
obliged to work for living outside her
home. Members of the police force
aided the family by contributing money
with which to pay the house rent. The
funds were raised by subscription but
now that Scott loses his title as patrol
man, the family's income from the
"coppers' will cease. Scott is the
father of two boys, one six years old
and the other eight.
The Sheriff will take Scott to the
penitentiary late this week or early
next week.
The city patrolmen all have main
tained friendly attitude toward Scott
and they took an active interest in his
case. The report of the penitentiary
sentence went buzzing around this
morning, but comments from the patrol
men were few