, 1923-03-08
I'm A Demo" IS
PRISONERS PLEA
]. B. THORPE ENTREATS JUDGE TO
CONSIDER PARTY AFFILIA.
ton IN Sentence

MT. j. u. luOTpe, LOT tne tlme De-
ing a member of Warden Hadsell's
group of charges at the State Pen
.itentiary. may be a dyed in the wool
follower of Thomas jefferson and
the Democratic party but political
affiliation does not temper justice
as recently melted out by Judge It'd
ball, of the Second Judicial District
Court.
Mr.. Thorpe, who plead not guilty
to the charge OF escaping from the
State ~Penitentiary Farm at Saratoga
sometime ago, was found guilty by
a jury in the district court at a re-
cent session here. Before pronounc-
ing the sentence upon Thorpe, Judge
Tidball asked the defendant il he
had anything to say.
He had.
Yes, Judge, I have" Mr.. Thorpe
is reported to have replied. 1.-The
jury has recommended leniency in
my case and furthermore | wish to
state that / am n Democrat and
would like to get out in time to
vote for a Democratic candidate in
the coming election" But the Judge
turned a deaf ear to the defendants
plea. merely stating that the de-
PENDANT woalt not vote for any
candidate, Democrat or otherwise, in
the coming election or for several
elections-at least not until his citi-
zenship had been restored.
Mr.. Thorpe is said to have ex-
pressed his willingness to abide by
the decision of the Court, which was
magnanimous of him to say the
least. especially since he drew a
sentence from the Court OF not less
than one or more than two a
additional time in the State Peni-
Tertiary.
William Nelson. who also plead
not guilty to the charge OF escaping
from the custody OF the officials of
the state institution. Jared better
than Thorpe. He too, was found
guilty. and Judge Tidball sentenced
him to an additional term of from
one al to fifteen months.
1nasmuch as It is unusual for an
escaped convict to plead not guilty
to the charge OF escaping from the
State Penitentiary. II Is interesting
to note the defense raised by At
torneys Roster and Bennett in be-
half OF the accused men. Attorney
Roster represented Thorpe and At
torney Bennett conducted the de-
Tense for Nelson.
Both attorneys raised the point
that the information filed by County
Attorney McMicken charged the de-
with unlawful and felonious
from the P~enitentiary but
failed to state that the men we're
lawfully confined. The contention
being that the crime OF escape pre-
supposes and Is at all times con-
tingent and dependant upon the fact
the confinement was lawful. The
court. however. overruled the attor-
neys for the defense and the In
as filed was held to be
good.
Thorpe. when placed upon the
had n startling story 10 tell.
He stated that while Mt the State
at Saratoga he had been un-
able to get along with the other
prisoners and that he borrowed" a
horse In order to make his getaway.
Il was his intention. he said. to go
down to Cheyenne and bring his
to the attention OF Governor
However the Governor was
of the honor OF the audience
by quick action on the part OF the
officials who discovered
whereabouts OF the gentleman
III VueStIou anu tOOk MIN lUtO GUS
.ody. IT is thought that perhaps the
'enl reason for Thorpe's sudden de-
to take French Leave came
the fact that he suspected that
iis days as n trustee were over and
Int he would be returned to the
Of the p~enitentiary walls.
Az remarkable ms Is the story OF
Mr. Thorpe. he had nothing on Mr..
Nelson.
Mr.. Nelson when put on the
'tand. testified that while acting as
l trustee he had gone into town to
,ay n visit to a young lady acquain-
OF his. His stay was some
What lengthy and on his return nc-
the railroad tracks Mt nine In
he evening he heard two shots fired
lose by. Becoming greatly frighten-
ID and fearing for his life. he ram
,ut knew not where. A severe snow
torn raging at that time further
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