Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1921-02-06
sCRIvNxR'S SENTENCE WITH.
HELD on MOTION FEDERAL.
COURT. CLAIM.
R0WAN's WIFE ON STAND
Death Penalty flight Have Been
Claimed undr the Law. Says
Federal Judge wilson. In
Pronouncing Sentence.
BY AseocInted Press


DALLAS. Feb. 5.-Alberi =. Rowan.
hen Luna. and W. s. scrlvner. charged
with robbery OF the Jackson street pos
tai sub station here January ~. were
found guilty by jury In federal dis
trIct court here today.
Rowan and Luna were sentenced TO
% years each In federal peni,entiary.
and sentence ~ Scrivner withheld at
request OF tho government.
Tho trio was tried Jointly under an
indictment charging them and three
men. who have not been arrested. with
robblng the postoffice and assaulting
custndlans AZ the mail service. The
trial was started Monday. The case
went 20 the jury at iii o'clock this
afternoon. The announcement that u
was ready TO report was the first from
the jury room after the jurors retired.
The court agrees with the principle
OF the state law. which permits the
death penalty upon conviction OF such
an uffense -as you are charged with and
found guilty of ny this jury" said
Judge Wilson. In imposing sentence
''and you are indeed fortunate. Rowan.
tina, this court In limited by the fed
eral laws and can give YOU no more
than o twenty five.year sentence TO
Leavenworth penitentiary. now I'M
pose s.nence upon defendants Rowan
and Luna"
Rowan and Scrvner also are charg.
ed IN state courts with the murder ~
q. W. Street. a postal cmploye. who
was fatally shot when the Jackson
street station was robbed.
"out of courtesy TO the state courts
will withhold sentence on defendant
Scriyner till after the trial 81 the cases
against these defendants In the state
courts" Judge Wilson said
Scrlvner confessed his part In the
robbery Immediately upon being arrest
I'd at Fort Worth. Texas few hours
after the robbery. and after his auto
mobile In which he vas returning after
having cached part of the loot along
the shore ~ Lake Worth had overturn.
ed. Killed Fat Murphy. one OF the han
ditsN and pinned Scrivner underneath.
Scrlvner pleaded guilty Monday last
when he was arraigned for trial. and
the jury's verdict today found him gull.
~ IN with accordance OF his plea.
Rowan and Luna pleaded not guilty.
The trial has attracted unusual at.
tcntiOn, both because OF the boldness of
the robbery. and the prominence of the
Rowan family. Rowan senior being n
wealthy Dallas property owner Crowds
daily have filled the court room 10 ca.
pacity. and overflowcd down the cor.
ridors of the federal building.
Rowan was accused In testimony ot
Scrivncr with having been the master
mind" who planned the robbery, and
Scrivner swOre that Rowan stood across
the street from the Jackson street sta.
tl0n as the bandits did their work.
Rowan's defense developed yesterday
with the testimony 81 Mrs. Rowan. II
was that he had dealt with Scrvner
and the other members OF the bandit
hand only as a purchaser of liquor
from boo,lcggers. and that at the time
AZ the robbery he was az Home for
dinner.
Scrivner II an escaped convict under
sentence Of fifty years In the Texas
penitentiary for participation In pay
roll robbery here two years ago.
Regarding Scrlvner's testimony
Judge Wilson said to Rowan and Luna
In imposing sentence:
"Thc court has believed the tcsti
mony ~ witness Scrlvncr and. after 20
much confederation. has reached decr
conviction that Scrivncr told the truth
and that you are guilty of the act'
charged"
Both Rowan and Luna will carry the
cae to the higher courts. immediately
after the jury's verdict was read NJ
torney W. W. Ncims. for the defense
gave notice of appeal
There has been no indication as q
when Rowan will bc arraigned an IN,
murder charge. County officials are try
ing e. smooth on, the legal Difficult
ties which dsaualify Scrivncr as q
witness. Maury Hughes. Dallas count,
district attorney. II cndcavorlng to oh
tain a pardon Tor Scrivncr from Gov
rrnor Ncff. 10 that Scrivncr's citizen
ship will ba restored and that he ma,
testify under laws.
Rowan showed the effects of th'
strain of the pas, three weeks. an'
rcrutlnizcd the jurors faccs closely al
they filed In. As Judge Wilson pro
nounccd sentence Rowan blanchcd opcl
his lips. closed them tightly ana stars
ut the iudgc. Luna face. displayed NJ