The daily star-mirror., 1915-12-03
PASS SENTENCE
ON MARTINSON
EX-COUNTY ASSESSOR GETS OFF
WITH FINE OF 800 AND 80
DAYS IN LATAH COUNTY JAIL
Begins Serving Sentence at Once
Suit on Contract Being Heard by
Jury in Court Today

| Theodore E. Martinson, ex-assessor
| of Latah county, who lately changed
his plea of not guilty to guilty Of the
charge of falsifying the records OF
the assessors office, escaped today
with a fine of 500 and costs and 60
days in the Latah county Jail and was
at once remanded to the custody of
the sheriff.
Attorney Oversmith for the defend
ant this morning requested Judge
Steele to pass sentence this afternoon,
| it having heretofore been the inten-
| light fine and sentence imposed was
due to the plea for leniency made by
Martinson's attorney and the state
ment of Prosecuting Attorney Moore
that he did not believe that this Of
tense warranted the imposing of a
penitentiary sentence. MartinsOn
was in court when sentence was pass
ed. Attorney Oversmith made re-
quest of the court that the defendant
be permitted to begin serving his
sentence next Monday or Tuesday, but
the court refused the request declar-
ing that under the law when sentence
is imposed the defendant is at once re-
manded to the custody of the sheriff
Prosecuting Attorney Moore in a
statement to the court this morning
declared that he did not wish to make
any recommendations but that in view
of the fact that the county was out
nothing and that the defendant had
already suffered much, that a peniten-
tiary sentence would be too severe in
this case.
Judge Steele dwelt at length in re-
viewing this case and cited similar
criminal actions which had been be-
fore him in the past. He spoke OF the
duties imposed on the courts and OF
the necessity of courts in upholdlng
the law. He recited that the facts in
the present case appeared to be gross
carelessness and neglect in office
rather than fragrant criminal acts. He
stated that while the crime charged
was a felony that he believed the de-
fendant had suffered sufficiently in
losing his position; that he had made
good the sum originally defaulted and
that plea of guilty in any case was
a sign of penitence for all past
wrongs. Under these circumstances
he believed that he should not pass
such charge entirely but felt that
a iail sentence and fine would be
sufficient to meet the ends of justice.
The court today is engaged in the
trial of the Butterfield-Elder Imple-
ment company versus the A. H. Averill
company, a suit on con-
tract. The jury was secured this
morning and evidence is being heard
this afternoon.
A default judgment for 1924 was
awarded by the court in the case of l.
A. Russell versus Oscar Dahlgren and
Charles Dahlgren. On showing OF
the defendant that he. was i'll, the
case of J. F. Yost versus w. H.
Mason was continued for the term
In the case of J. B. Campbell versus
J L. Carlson, suit on account, which
was heard before jury yesterday,
resulted in a motion of the defendant
@ take the case from the jury and
enter dismissal, to which the court
lssented.
N. R. Shepherd has filed suit in the
district court seeking the sum Of S22o |
IS commission on the sale OF stock IN |
he Troy Lumber & Manufacturing
company owned by Emil Nelson. Mel
ION is alleged to have commissioned
Shepherd to make a deal and subse-
luently a trade was made with W.
Il. Duthie for s10,25O worth of prop
,rty.