Milford chronicle., 1949-12-02
BreRnaBs Get Life Terms
liz WOrkItOuse
lsontinusa rsom NM passl

Jr., and Caleb r. Layton, III.
Benjamin r. Donolow, chief Of
defense counsel, was on hand as
was his associate, w. Howard
Thompson, of Georgetown.
For the state were Attorney Cen
eral Albert w. James, who renewed
his motion for sentencing, made
first last Wednesday when the
court turned down a motion for a
new trial, and Deputy Attorney
General Henry ]. Ridgely.
After the 10-minute session, at
tended by some $50 persons, Mr..
DonOlow emphasized that he in
tends to appeal.
AS court opened Chief Justice
Richards asked If there was any
thing to be said. Mr.. James said
merely that he wished to renew his
motion.
Mr.. DOnOlOw asked if 1t would
care to hear a brief background Of
the two defendants.
The chief justice said, Don't you
think we've heard their back
grounds, Mr.. Donolow?" He then
asked If there was anything else
that defense counsel wanted to say
and added: eff there is Wen be glad
to hear you"
Mr.. DonOlow had nothing else to
say.
Chief Justice Richards then or
dered Robert, first to be sentenced,
to stand, and began reading the
courts decision, as follows: Robert,
the jury found you guilty of MUIR
der Of the first degree, but it's YER
dict was accompanied by a recon-
mendation of mercy.
That places a great responsibility
upon the court, for when such a
recommendation is made in capi-
tai case it is incumbent upon the
court to determine whether the de-
fendant shall be put to death, or
imprisoned for life.
Recommendation Studied
\ During the long and serious con-
sideration which we have given this
question, we have kept in mind and
/ considered the following facts
which we think are Of great impor-
tance: That the recommendation of
mercy was made by a jury of 12
representative citizens Of this
county, who heard all of the evil
dence in the case and who impress
ed us as being very good jurors
the fact that at the time you COM
mitted the crime for which you
have been found guilty you were
still boy, only IS years of age
that you did not have the mature
judgment of an older person and
we're more easily influenced; and
the fact that your own mother
whom every boy of your age is ex-
pected to love, and obey, has been
convicted of having abetted, pro-
cured, commanded, or counseled
you to commit the crime.
After carefully reviewing all of
the facts and circumstances, we
are of the opinion that the follow
ing sentence is justified in your
case.
The sentence of the court is that
you pay the costs of prosecution,
and that you be imprisoned for the
remainder of your natural life.
You are now committed to the
custody of the Warden of the Kent
County Jail to be by him delivered
to the trustees of the New Castle
I County WOrkhouse until this SEN
tence is carried into effect.
Mother lis Sentenced
In sentencing Mrs. Brennan, the
court said:
MRS. Brennan, the jury found
that you did abet, procure, COM
mand or counsel your son, Robert
to commit the crime of murder of
the first degree and that you are
guilty as an accomplice to that
crime.
Under the law of this state, an
accOmplice is equally guilty with
the principal offender. and you are,
therefore, equally guilty with your
son Robert of the crime of murder
of the first degree.
1.-THE jury did not recommend
you to the mercy of the court, how
ever, as it did Robert, which plain
ly shows that it made a distinc-
tion between you and your son Rob-
ert as far as the commission of the
crime was. concerned, and that ii
was not in favor of extending mer-
cy to you.
Recalling the circumstances sur
rounding the commission of this
horrible crime, and the leading and
commanding part which you play
ed in it from the beginning to the
end, as shown by the evidence, we
can we'll understand why the jury
had no feeling of mercy for you.
''In fact, it is hard to under
stand how a woman of average in
telligence can not only lose all self
respect, but the love of her family,
and entirely disregard the duty
which every mother has to nurture
her children and protect them
from harm, including 15-year-old
son, as the evidence shows you did
in this case.
"The conclusion is inescapable
that if you had not exerted the in
fluence over your son Robert that
you did, the crime would not have
been committed.
Agreement With Jury
"For the reasons above indicated,
we agree with the jury that it was
never intended that mercy should
be shown to a woman who was re-
sponsible for the commission Of a
crime of this nature, as it evidently
found you to be in this case.
"Under the law Of this state an