The Western news. [volume] (Libby, Mont.) 1933-current, 1936-11-05
CHAPTER III

courtroom. Nance Belden saw him.
and from behind the bars of the pris
oner's dock waved to him and called
cheerily. Hello, Steve"
"Silenee-you the hailiff warned
her
Nance made face at him; then, OBJ
serving Stephen lay finger to lip In
a warning gesture, she tossed her head.
tilted her chin and bent upon the
Judge cold and defiant stare.
The hailiff opened the door OF the
prisoners dock and beckoned tolher.
Nance Belden,' the Judge qneried,
''have you anything to say as to why
sentence should not be pronounced
upon your
i've got meuthpieee,. the girl re-
torted. ASK him"
From a chair beside the connsels'
table q 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has withdrawn from this case and |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 Tyrrell. | am reliably
informed your honor, that, following
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 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 have been
retained In this apparently hopeless
case for the purpose of adducins
sound reason why this defendant should
be neither sentenced under the pres
ent charge nor remanded 10 the Su-
| perior court for commitment under
sentence for the former crime To that
end, your honor, | 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
i your time and that Of the court. |
shall remand the prisoner Immediately
to the Superior court, with request to
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 document which
evidently had reached him from the
police magistrates court. Mr.. Tyrrell,
| | understand you desire to present
| some expert testimony In an effort to
prove the mental irresponsiblity Of
this defendant, Nance Belden. 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 It. Who Is your wItness?"
Or. Stephen Burt, your honor" and
Tyrrell Indicated Stephen.
Il know all about Doctor Burt" the
! judge said pleasantly. II had him In
my court 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 mentalty7'
II have not had a fair opportunit,
to study her, your honor" Stephen re
piled, thence am not In position t
give the court more than a snap de
cision."
How long have you studied her?"
About thirty minutes, your honor.
, III 'm-m-m! Doctor Blethen examined
: her on three different occasions, hi
examinations embodying total 0
about six hours time
with all due Difference to my dis
tingulshed colleague" Stephen reptile,
with his singuarly charming smile
six hours is not usually considere
more than sufficient time to form n
approximate opinion, which snbsequen
Investigations may set at variance.
this girl were to become a patient q
mine today, ! should devote man
weeks to an effort to demonstrate tina
my original opinion regarding her wa
In error"
is she crazy, Doctor Burtf"
Not In fhp epnxp that YES IN fnun ri