The diamond drill., 1918-05-25
HENRY HOLSTEIN
FOUND GUILTY
SENTENCED TO SERVE rs YEARS
HARD LABOR AT LEAvERw0RTH
Jury 0UTLESS THAN 2 HOURS
Maintained His Innocence Through
b. zntire Trial--Broke Down
When Verdict Was Read

twenty-five years at hard labor in
the Federal prison at Leavenworth
was the sentence imposed upon Hol-
stein by Judge Sessions in federal
court Monday afternoon. Holstein's
face. as he arose to be sentenced re-
vealed the strain through which he
had passed.
In an almost inaudible voice, he
answered the judges reason why the
sentence should not be passed in the
negative. After the sentence was pro-
nounced. he was escorted from the
room by the marshals.
"In cases OF this kind, the sentence
is provided by law, absolutely fixed,
and have no discretion" said Judge
Sessions, "But / will say that / am
sincerely sorry for you. The sem
tence Of this court is that you be taxi
en- from here to the federal prison
at Leavenworth, and there confined
at hard labor for the term and period
OF twenty-five years.
Holstein, who had went through
the entire trial without emotion, was
on the verge OF tears when the ver-
dict was returned. His brother, who
had attended the trial also broke In
10 tears; Mrs. Holstein, the defend
ants mother, was absent from the
courtroom when the jury returned
it's verdict.
This is the second time that Hol-
stein was tried for the crime; the
Jury disagreeing and failing to come
TO any definite decision at the first
session OF the court. The verdict was
returned after the jury had been out
less than two hours.
After being charged by Judge Ses-
sions the jury retired shortly before
2 o'clock TO decide the defendants
fate
The case has attracted high de-
gree OF interest throughout the entire
peninsula, and is considered one of
the most notable that has ever come
before the federal court at Marquette.
Evidence disclosed showed that on
December 21, 1917, Argall was driving
through the woods on what is called
the shortcut road" between Diorite
and Clarksburg when he was stopped
by man who asked him for ride.
Argall consented and told him to step
on the runner OF the cutter. After go
ing few hundred feet the man com
manded the mail carrier to stop his
horse Argall turned his head toward
the man and was shot through the
cheek with revolver. The mai
sacks were rined OF about $4,000.
Argalls testimony In court was
that the man who had shot him and
taken the money from the mail sacks
was Holstein. Witnesses. however,
quoted Argall as saying that II the
man was not Holstein II was someone
VIII loVhtu just iiht Hlihs ilOislclh
was pointed out in court by Argall
as positively being the man who had
assaulted him.
Holstein's story was that he was
near the mine, where he was employed
az an electrician and was at work at
the time OF tho ARRAY. He denied pos
itively that he was on the road re-
ferred TO on that day and also that
he was the man who assaulted Argall
In reviewing the Holstein case, ed
itorially, the Marquette Mining Jour
nal has the following TO say:
The conviction OF Henry Holstein
of the robbery OF the IT, s. mails and |
an assault on T. s. mail carrier
with intent 10 kill is less surprising |
result. considering the preponderance
OF the evidence, than that Holstein's |
attorna.s . succeeded In securing a dis
agreement in the first trial.
Hsr the weight OF the evidence was
str dgly against Holstein, so strong
ly Nhat In the minds OF over a fourth
of the jurymen who sat In the case
In the two trials the close OF the case
left no reasonable doubt OF HIS guilt
That there should have been dis
agreement in the first trial and that
the Jury should have been two hours
arrtvipg M n verdict IN the second Is |