The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1915-12-09

neapolis and F. F. Faville of Storm
Lake had discussed with him as to
what penalty might be imposed by the
court should defendant plead guilty
to part of the Indictment "It was
finally mutually agreed that we
should all go in. and frankly and
freely state the situation as we I'M
derstood it to the court in chambers.
Judge Wade's Statement.
In his reply to these affidavits Judge
Wade made the following statements:
II assume that the affidavit in
prejudice in this case Is based upon
conversation between counsel for
the government and counsel for the
defendant and myself as explained in
the affidavit of the district attorney
know nothing of the defendant;
knew nothing about the charge
against him until this term Of court:
1 knew nothing about the facts ex-
cept as they were presented in con-
versation.
I'm having such conversation I vio-
lated rule which I always observe
not to express my opinion with ref
erence to the extent of punishment
which I intend to impose. I always
give parties an opportunity to pre-
sent the case with reference to the
punishment upon plea of guilty, but ]
make it rule not to express any
opinion theron. In this case l was
led to violate this rule principally be-
cause Of the presence Of Mr.. +. F.
Favelle, who for many years was dis
trict attorney for the northern dis
trict in whom 1 had implicit conf
dence. After ascertaining the facts !
frankly told the attorneys that it did
not look to me like a case in which
the court would be justified in impos-
ing what might be called nominal
punishment. I pointed out in the docu-
ments submitted to me the proof that
the defendant had been engaged in
the same occupation for at least a
couple Of months and I pointed out
to them that these offenses were conf
mon. Provided the allegations Of the
indictment were true. regarded 1t as
serious offense.
NOTHING as to Punishment.
Nothing was said in the converse
Ion about the amount of the punish
ment, but Immediately before court
convened at 2 o'clock, counsel for the
defendant met me at the door Of my
room in the court house and asked
me If l felt that under the c1rcum-
stances this was a penitentiary. Of
Tense. Contrary to my usual rule, as
aforesaid, and assuming that every
body was acting in perfect good faith.
solely with reference to the question
as to whether a plea Of guilty would
be entered or a trial had, 1 told them
that If the facts alleged In the IN
dictment were all true, that con-
sidered it an offense in which pun
ishment should be in the penitentiary.
but 1 told them that l would want
to know just the repres sensations
which he used in order to sell the
stock, and would not make up my
mind without comforting with the par
ties to whom the repres entations
were made. told them that from
the documents submitted. 1t looked to
me like fraudulent scheme on the
part Of the corporation and that 1t
was possible that the man who lured
the defendant was more guilty than
he was. This was all said hastily as
I was passing to the court room and
in the whole conversation / made my
statements conditional upon the truth
of the charges as to the representa-
tons made as to the interest Of the
government or government officers In
the device which ne was promoting.
II am now satisfied that at the time
of the last conversation the affidavit
Of prejudice had been prepared and
that the conversation was had with
reference as to whether it would be
filed or not. have never formed or
expressed any opinion about the guilt
or innocence Of the defendant, nor as
to the punishment Of the defendant.
except in the conversation aforesaid"
Court in Recess.
Judge Wade announced a recess for
this term of court until next Tuesday
when the case of Hawk vs.. Tombaugh