The Western news. [volume] (Libby, Mont.) 1933-current, 1934-12-06
CHAPTER III
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courtroom. Nance Belden saw him,
and from behind the bars OF the prls.
oner's dock waved to him and called
cheerlly. Hello. Steve"
"silence-you the baIlifr warned
her.
Nance made face at him: then. oh
serving Stephen lay finger to lip In
= warning gesture, she tossed her head.
tilted her chin and bent upon the
judge cold and defiant stare.
The hailifr opened the door Of the
prisoners dock and beckoned to her.
Nance Belden." the Judge querIed.
shave you anything to shy rs to why
sentence should not be pronounced
upon your"
1--WE got mouthpiece," the girl re-
torted ASK him!"
From chair beside the counses
table young man arose. MAY 1t
please the court. the public defender
has withdrawn from this case and
am now counsel for the defendant. My
name Is David Tyrrel. am reliably
Informed. your honor. that following
a fair and impartial trial, this de-
PENDANT has been convicted of the
crime of which she stands accused and
Is now before the court for sentence
Mr. Tyrrell. your client Is now I'M
der suspended sentence from the
Superior court, for the crime of grand
theft She was there sentenced to two
years In San Quentin penItentiary. but
paroled for two years. Less than two
months have passed since she was
paroled. and today she stands before
the court for sentence under charge
OF petit larceny. The defendant EVIL
IDENTITY is ncorrlgible. and | intend to
remand her to the Superior court for
commitment under the old charge of
grand theft
Il thank your honor | have been
retained In this apparently hopeless
case for the purpose of adducing a
sound reason why this defendant should
be neither sentenced under the pres
ent charge nor remanded to the SUI
perior court for commitment under
sentence for the former crime To that
end, your honor, | ask leave 70 present
an expert witness to testify to the
mental responsibility of my client"
"One moment, please, Mr.. Tyrrell.
Your action would be merely wasting
your time and that of tile court.
shall remand the prisoner Immediately
to the Superior court. with request to
Nthe Judge thereof that her case he
taken up Immediately ! sentence this
prisoner to ninety days In the county
jail. but the sentence will be suspend
ed during her good behavior for one
year from date. bailiff will conduct
you, your expert witness and the de-
PENDANT at once to Department Number
SIX OF the Superior court, and | will
Immediately telephone to the Judge
and request that he listen to your ex-
pert Witness"
AS they entered the Superior court
the Judge glanced at document which
evidently had reached him from the
police magistrates court. 4 Mr.. Tyrrell,
! understand you desire ITO present
prove the mental responsibility Of
this defendant, Nance Beden. may
state that ] have already been In tele-
phonic communication with Doctor
Blethen. and have had complete re-
port from him on this case. You may
proceed, however. to present your side,
OF 1t. Who Is your wltness?"
DR. Stephen Burt, your honor" and
Tyrrel Indicated Stephen.
Il know all about Doctor Burt" the
Judge said pleasantly. Il had him In
my court year ago MS an expert wit.
ness In the matter OF the Carter will
case he nodded to Stephen. This
court Is very much interested In get
ting at the facts In this case and II is
obliged to you for your voluntary at-
tendance. What Is your professional
opinion OF this girls mentallty7'
Il have not had fair opportunity
to study her, your honor" Stephen re.
piled. thence | am not In position to
give the court more than a snap de-
cision."
1UW iollE nave yUu sluuleu HpT r.
About thirty minutes, your honor"
"H'm-mm Doctor Bethen examined
her on three different occasions, his
examinations embodying total OF
about six hours time"
with all due difference to my dis
tingulshed colleague" Stephen replied
with his slngularly charming smile.
six hours Is not usually considered
more than sufficient time to form an
approximate opinion. which subsequent
investigations may set at variance. III
this girl we're to become a patient OF
mine today. | should devote many
weeks to an effort I'd demonstrate that
my original opinion regarding hdR was
In error"
rs shs crazy. Doctor Burt7r
mot In thc sense that up cusfnmarIfv