Evening star., 1952-02-09

may be character. but have some
doubt about it.
You have accumulated . great
sum of money as q result OF these
ventures. Without an education.
you have certainly gone further
afield than a PhD. with the high
est degree than any person might
attain IN a college education.
Accordingly. on the first count.
charging you with the violation OF
the lottery section. the court sen
|tences you to term OF one to
three years and to pay fine Of ST.
900. On the second count. the
court sentences you to from 20
months to five years and to pay
Ia fine of $4,000. the first count
and the second count to run cur
Irently-an overall sentence OF 90
months to five years, and q fine Of
$40 900.
NoWin your case. Mrs. Virginia
Madge Nelson, the court noted
that for all these years you shared
equally in the profits. you particle
Ipated actively. One year. four Of
you split something like $3.50, GOO.
Records show that you made more
than $50, 900 that year.
Now the day, Of course, when
women hid behind their skirts
went out the day that grandmoth-
|er's anddaughter put on pair
of slacks and went to work. You
|are equally at fault in this case.
You equally profited. You equally
participated. You are going to get
the same sentence.
(Lowery and Kirby were sem
itenced next)
You gentlemen impose real
test to the court. ! think the Jury
gave you a very decided break
when they did not flnd you guilty
lof the conspiracy count. which
had top of i've years.
| Now in the case Of Lowry, you
were In the position Of former
member of the Metropolitan Po-
lice Department, you were on .
pension, you were also employed
as a Deputy United States Mar
shal on q per diem basis Of SO .
day. You worked about 216 days
from November 8, 1850, until Sep
Itember %. 1851.
You made a total salary then
of about $l,750. and on your pen
sion Of $169-approximately $l70
Ia month. you had earned over
i$2, 900 a year. In other words, at
the hands Of the Government Of
the District Of Columbia, and the
United States, you were earning
close to $500 year.
You are divorced. your greatest
trouble, I find, is that you are too
free with your company and your
good nature. You did have an
honest, an honorable position, and
as I recall, you are the only
Deputy United States Marshall in
the % years that / have been at
this bar, who ever stood before
the bar to be tried in the court
that he was an attache of.
! -. You played an active part
here. And the very permit that
gave you the gun that you carried
came from the Government whose
protection you promised to up
hold.
|. Accordingly, on the first count
Iof which the jury found you guilty,
II now sentence you from one to
three years.
Mr.. Robert @. Kirby, you present
an extremely hard situation. You
are the father of five small chill
dren. You have been very much
In debt. You owe considerable
around to loan companies.
Whether that was the motive. !
don't know. You had accounts
there for Is to II years. I know
you leave a wife at home with
these children, and I know the
problem is great.
A member Of the Alcoholic Bev-
erage Control Board wrote in
your behalf, a person for whom
II have tremendous respect. I
had no letters In Lowry's case.
| And a square-jawed Irishman
that heads up one Of the units Of
the Metropolitan police wrote in
behalf Of you in saying that you
are a highly-respectable and
Igentlemanly person, that you are
always trustworthy and reliable,
at no time was it ever necessary
Ito reprimand or reprove you.
Those are characters which, Of
course, are apparent on the sur
face.
The evidence In the case is that
you, one Of the upper echelon Of
the City's Finest. in the highest
position Of a patrolman, you were
a member Of the Homicide Squad.
That is tops as far as headquar-
ters go. You had an honorable
career there. You had no prior
troubles. But you stood q little
higher in relation to public order
than even Lowry did.
]. People looked to you for protec-
Ition. They looked to you for
answering loyalty. And it is
surprising to find q man selling
his gun as a common torpedo. or
lhoodlum, and conveying these
people back and forth and partici-
pating in their activities.
/ Accordingly, on the first count,
the Court will sentence you from
one to three years in the pene-
1tentiary.