Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1935-01-24
CHAPTER III

Stephen elbowed his way into the
courtroom. Nance Belden saw him.
and from behind the bars Of the pris-
oner's dock waved to him and called
cheerily: Hello, Steve"
"Silence-you - the bailiff warned
her.
Nance made a face at him then. OBJ
serving Stephen lay finger to lip In
q warning gesture, she tossed her head,
tilted her chin and bent upon the
judge a cold and defiant stare.
The bailif opened the door of the
prisoners dock and beckoned to her.
"Nance Belden," the Judge queried,
shave you anything to say as to why
sentence should not be pronounced
upon your
i've got a mouthpiece," the girl re-
torted. ASK him"
From a chair beside the counsels'
table a young man arose. MAY 1t
please the court, the public defender
has withdrawn from this case and |
ar now counsel for the defendant. My
name Is David Tyrrell. ! 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 q suspended sentence from the
Superior court, for the crime of grand
lur CT. 400 +Ioro ron+,a,oJ - tr.o
years In San Quentin penirentiary, 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 a charge
Of petit larceny. The defendant evil
IDENTITY is incorrigible, and | intend to
remand her to the Superior court for
commitment under the old charge of
grand theft"
Il thank your honor. l 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, l ask leave to 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 the court. /
shall remand the prisoner Immediately
70 tho Cuparior court with q rapuact IN
the Judge thereof that her case be
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. A 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 a document which
evidently had reached him from the
police magistrates court. "Mr. Tyrreli,
i understand you desire to present
some expert testimony in an effort to
prove the mental responsibility Of
this defendant, Nance Belden. | may
state that | have already been in tele-
phonic communication with Doctor
Blethen, and have had a complete re-
port from him on this case. You may
proceed, however, to present your side
of 1t. Who Is your witnessT"
"Dr. Stephen Burt, your honor" and
Tyrrell indicated Stephen.
II know all about Doctor Burt" the
Judge said pleasantly. II had him In
my court a year ago as 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 it is
obliged to you for your voluntary at
tendance. What Is your professional
opinion Of this girls mentalityf"
II have not had a fair opportunity
piled, thence | am not in a position to
give the court more than a snap de-
cision."
How long have you studied herr"
about thirty minutes, your honor"
"H'm-m-ml Doctor Blethen examined
her on three different occasions, his
examinations %embodylng a total of
about six hours time"
with all due Difference to my dis
tinguished colleague" Stephen replied
with his %singulariy charming smile,
~six hours is not usually considered
more than sufficient time to form an
approximate opinion, which subsequent
investigations may set at variance. II
this girl were to become a patient OF
mine today, l should devote many
weeks to an effort to demonstrate that
my original opinion regarding her was
h error."
rs she crazy, Doctor Burt1~
ssyy-A A. xh-x