The star-independent. [volume] (Harrisburg, Pa.) 1904-1917, 1915-02-08
Robert F. Scott. Patrol.
man Who Killed Ma
than Banks. Sentenc-
eddy Judge Nc Carroll
HAD NO RIGHT
TO USE HIS GUN
Court Cautions All Policemen With Re-
gard to the Proper Use of Weapons
Prisoner Sways AS Sentence Is
Pronounced But Makes No Comment

Robert F. Scott, colored, the patrol
man who on August l, last, shot and
killed Nathan Banks, colored, and who
was convicted of murder in the second
degree, was this morning sentenced by
Judge McCarrell to the penitentiary for
term of not less than twelve years
and not more than twenty. The court
announced that the clemency recommen-
dation of the jury alone saved Scott
from getting the maximum sentence of
twenty years provided for second de-
gree murder.
The prisoner spoke not word while
in the court room. He spoke neither to
Judge Kunkel nor to Judge MeCarrell.
He had nothing to say even to his eoun-
sci. He gave some signs of nervous
ness, however.
Judge McCarrell's presentence re-
marks to Scott were in the nature of
a reprimand. This seemed TO make the
prisoner nervous and caused him to
sway back and forth, indicating that
the ordeal was trying one.
Scott s wife was in the big crowd
of spectators, occupying one of the
rear benches in the court room. She
departed Immediately after her husband
was sentenced. During all the time
that his attorneys argued for light
sentence and during the court IS review
of the ease, Scott stood up at the bar,
his hands folded in front of him and
his gaze fixed on the floor. He looked
up only once and that was when he was
addressed by the court
Says Witness made Eyes, at Lawyers
That there was sufficient evidence in
the Commonwealth IS testimony at the
time of the trial to warrant verdict
of murder in the first degree-whieh
would have carried sentence of death
by electrocution-an that, if such a
verdict had been rendered, the Court
could not rightfully have set it aside,
was the gist of one of Judge McCar-
rell S remarks.
District Attorney Stroup said he
thought the verdict might justly have
been one of murder in the first degree,
yet both the Court and the Prosecutor
announced that they had no criticism
of the decision of the jury.
w. Justin Cartes, who, as counsel,
with Harry B. Saussaman, defended
Scott, thought differently and said:
1.-THE testimony of some of these
witnesses, most of whom were relatives
of the deceased, was pure, deliberate
perjury"
Carter added that one of the Com
monwealth s witnesses made "Goo
Goo" eyes at him when she was leaving
the witness stand during the trial.
Judge McCarrel said he thought she
told clear story
"Well, l." said Carter, "she rolled her
eyes at me in terrible manner when
she left the stand.''
Inexcusable,' Says the Court
Besides saying that the murder of
Nathan Banks was inexcusable; that
Scott acted too hastily in firing his re-
volver and that the defendant had no
reason for using his IMAGE and pistol, "
Judge McCarrell said that the shooting
climaxed an argument which resolved
itself into nothing more than dispute
over personal matter.
There was no occasion at all for
you using your revolver said the
court. "You had a personal quarrel
with Banks and for that you had no
right to use any weapon. Police Of
ficers are permitted to carry gun and
Continued on Eleventh Page.