Douglas daily dispatch., 1926-06-03
TOMBSTONE NEWS

l. Ilitzl1y of Douglas was sentenced
in superior court Monday morning to
confinement in the county jail for
period of three months, and in addi
tion thereto, to pay a fine of $500.
IlitZky was recently convicted on
charge of purchasing junk and metals
from persons under 16 years of age.
The sentence was pronounced by Su-
perior Judge w A. O'Conner of No
gales before whom the case was
tried. Attorney C. " Manatt of Doug
las, one of the counsel for Ilitzky
made a plea for leniency and Judge
O'Conner replied with discourse on
the evils of junk dealers providing
a market where young boys can
dispose of such metal, stating that
he considered such unlawful purchas-
ing of the same to be one of the
most deplorable of the misdemean-
ors. The court said that a ready
market of this kind furnished an in
centive for boys to steal.
The disposition of this case left 13
similar charges on the docket ip the
office of tAv clerk, but all of these
additional charges were dismissed
after the sentence was pronounced.
Council for Ilitzky moved for a
| 10 day stay of execution, which mo-
tion for the court denied.
After the IlHzky matter was dis
posed of Judge w. r. Chambers of
! Stafford took the bench and Melvis
Smith was brought before the court
for sentence. Smith was convicted
some days ago on a charge of grand
larceny in connection with the theft Of
several car loads of cattle, the most
of which were stolen from the Ed
gar COlglazier's ranch near Benson.
The court sentenced Smith to con-
finement in the state penitentiary for
not less than nine nor more than
ten years.
Smiths attorney, w. f, Gilmore of
Douglas, moved for new trial, but
the motion was denied and in com
menting on the sentence, Judge Cham
bers stated that he, felt that. Smith
was the leader of the. band who
perpetrated the theft.
! The court severely reprimanded
Smith for his part in the crime, stat
/ ing thta it was the custom when a
man stole calf to give him the min
imum sentence of one year, and that
as much as Smith was implicated in
/ the theft of more than 200 head of
cattle, under that custom he should
serve over 200 years. He stated,
| however, that he must be bound by
| the law which fixed the maximum
F., penalty at 10 years. Smith took his
/ sentence very calmly. He had admit
ted to the court when questioned that
| he had plead guilty to felony
charge some time in the past.
] Sam Barrow who was charged
jointly with Smith and who had plead
not guilty for the charge was next
! brought before the court. His coun-
/ SELL Gilmore asked leave to with
draw the former plea, and the re-
/ quest was granted, upon which Bar
row entered a plea of guilty.
| County Attorney John F. Ross
made a request for the minimum SEN
! tence for Barrow and spoke at some
the past. The court in passing SEN
/ tence stated that he regarded Bar
rows case as considerably different
than that of Melvis Smith, and pro-
nounced sentence not less than one
nor more than ten years, in the PEN
itentiary.
/ The case of B. A. Packard of Doug
! las VS.. Ramon Elias wherein plaintiff
was suing for $4,000 damages for u
breach of contract was dismissed in
superior court Monday afternoon on
motion of plaintiffs attorney, w. G..
Gilmore.
Marriage licenses were issued Mon
day to Reuben Lopez and Maria
/ y ..,sQeG