Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1930-04-17

That the said S. K. Collins, sis,
known as mig" Collins, and the sal,
Frank j. Fishbeck, did wilfully. un
lawfully and feloniously assault one
Dolores Pickett, a female person un
der the age of eighteen years, to-wit.
of the age of sixteen years, and not
the wife of either of said defendants
by f%orcibly and violently seizing the
said Dolores Pickett, and forcing heI
into a bedroom and violently pushing
her over and upon a bed, in and upon
the premises of the defendant, S. X.
Collins, also known IS mig" Collins,
near Plentywood, Montana, in said
county and state, against her will and
without her consent, and then and
there did struggle with her, the said
Dolores Pickett, with the intent in
them, the said defendants, to then and
there commit a felony upon the per-
son Of said Dolores Pickett, and
(deleted) to rape the said Dolores
Pickett; the said defendants, S. R.
Collins, otherwise known as "Nig'
Collins and the said Frank ]. Fish
beck, each being a male Person over
the age Of twenty-one years.
Upon this information you were
duly arraigned and entered a plea Of
not guilty. Your case was set for
trial and upon the 25th day Of March,
1880, the case came on regularly for
trial. You and the defendant Frank
j. Fishbeck demanded separate trials
and a jury vas duly impaneled to try
the case, so far as you are concern
ed. Evidence was submitted on be-
half Of the State and the defendant
and yourself, you were ably defend
ed by eminent counsel, and the cause
vas duly submitted to the court-sub-
mitted to the jury-and the jury re-
tired and have rendered a verdict
fning you guilty Of assault in the
second degree, and leaving the pun
ishment by the Court.
The maximum penalty as prescrib-
ed by the statute and as given in the
courts instructions in this case, is i'm
prisonment in the State penitentiary
for a term not less than one or
more than five years, OF by a fine Of
not more than $2O0O.0O, or both such
g. I'D ;ccpr;corpoorf Tho iurV
have, as / said before left to the
Court the fixing of the sentence to be
imposed upon you, in the belief that
the Court would bring to bear some
judicial experience, and would not be
swayed by any clamor for persecu-
ton on the one side, or by weak
kneed extenuation on the other.
The evidence introduced by the
State possibly would not show as ag-
gravated an offense as might be
brought under some cases in similar
circumstances. You did not maltreat
the complaining witness or bring up
on her any physical violence, that
brought injury in any way, and have
only, SO far as the evidence discloses,
brought some indignity upon her per-
son-insulted her., and have attemp-
ted to violate her chastity. But, the
evidence further shows, l think as a
more serious element than actual as
sault upon which you were convicted,
that you were a party and made ar
rangements tornado it possible TO
other young girls, one being a minor
and the other one just passed her
eighteenth birthday, into a place
where you had been living for some
time and during this time this place
was-had the reputation Of being a
house of prostitution, and you your
self wouldn't deny that it was q
house Of prostitution Claimed you
didn't know whether it was or not,
you claim upon the fact that
you yourself and never paid any mon
ey for (deleted). It seems to me
And on the further fact that you
made it possible, from your own
statement, that these young girls
would be furnished with liquor and
probably be put in a condition where
your attempt at (deleted) these
young girls would be more easily
gratified. 1t seems to m that those
surrounding facts are really more ae-
gravating, and would tend to make
the offense more serious, than the
bare assault upon which you were
convicted, but l cannot and should
not, lose sight of those facts in pro-
nouncing sentence / do not feel that
the ends Of justice require that you
be given the maximum penalty in
every respect that the law would
make possible. You stated on your
at the time the verdict was rendered,
that you owned some property here.
l do not know how much, or what the
condition Of the title is, but / am 60
ing to render a judgment that will
make it possible, if you do own any
property here, for the county to be
reimbursed somewhat for the ex-
pense Of this trial.
1t will be the judgment of the Court
that you be imprisoned in the State
Penitentiary at Deer Lodge, Montana,