Show ONE YEAR IN THE COUNTY J jall JAIL I 1 ti IS WHAT B D Y HAMPTON GETS eor VOR EXPOSING NG TILE THE LECHERY OF THE I 1 MORALITY now HOW FEDERAL OFFICIALS SOCIETY in the third district court yesterday afternoon on the motion for arrest of or judgment in the hampton case mr air burmester for the defense ma made e ha his bis argument claiming that the indictment charged no public offense that there could be no such thing under the jabas law jaw as a coo cor conspiracy to keep a house of ill fame and that in the statute would be found named particularly just what combinations and what agreements could be called conspiracies this charge not bein being 11 among amone them the legislature had copied the statute almost word for word from that of new york and if the history of the act were traced back it would be found that it was framed anu and passed in order to finally settle the perplexed question under common law as to what actions constituted offenses to be proceeded against the act here was interpreted so as to make the conception of a crime a vastly graver raver off offense ense euse than the execution of it by y that interpretation it was made punishable by a fine flue of 1000 or one years vears imprisonment in the county jail to arrange for committing an offense but only by a fine of or six months imprisonment for actually committing the act if id two men committed grand larceny it could not be found lound that they had ever been pro ceedee against for conspiring to commit the act it should be so with this case even if the crime of kee keeping a house of ill fame had been conr corn bitted it was no more infamous for two to en enga a geln ean it than one there was no conspiracy about it mr air burmester continued his arguin argurn argument ept on this line at some length prosecuting attorney varian contended ten ded that t the he essence of the conspiracy s sp iracy r acy was the meeting of two minds in pl n ds and the conferring together with an unlawful object in view the indictment charging char iu this was sufficient the court ruled that the indictment properly charged a conspiracy to keep a house of ill fame which was made a crime and was injurious to public morals the motion to arbeit judgment was overruled mr air sheeks then asked whether the court would then proceed to pas pass sentence and on receiving rec elving a reply in the atit alit amative rma tive stated ghatas the court could punish by fine flue or imprisonment he wished to present the certini cates of two prominent physicians relative to the state of mr hamptons hamptonwa Ham Hamp tons tona health ile he then read the certificates one from dr W F anderson stating that mr air ampton hampton II was a sufferer from pneumonia and confinement in prison is on would probably result fatally ir dr r benedicts benedict s certificate also set forth that he had been acquainted with mr air hampton for fifteen years and it would be prejudicial to his health and would probably prove fatal if he he were required to undergo dergo derco imprisonment mr air varian replied that he did not see bow how either himself or the court could take cognizance 11 of this fact as it was rather a matter for the executive he said it was a new thing to him that such a plea should be entered before sentence and this id in face of the fact that a few months since upon the representation of mr air varian himself the court suspended sentence upon a young man who wiio pleaded guilty tu to stealing a horse a reason given by the prosecuting attorney being that owing to the aeao health of the prisoner he was not in a condition to suffer imprisonment the prosecution continued and remarked that the defendant was to all appearance active enough in the matter tor for which he had bad been tried it might some day be asked that the court exe exercise reAse leniency towards a person guilty of manslaughter manseau mans lau iau ahter or murder mr air sheeks heeks 8 insisted that the request was not an unusual one where the court had power to choose between two forms or 01 punishment and thought it should be taken into consideration by the court in its discretion the court remarked that the punishment was for the protection of society and a term of imprisonment in the county jail might be very severe on a man suffering from consumption while it would be very light on a robust person the matter would be taken under consideration until 10 a am m today when physicians might be summoned to testify and the court adjourned lour jour ned this morning the case was called up and drs benedict anderson and potter were examined dr benedict te stifled testified that the mat set forth in the certificate were true he had not acted as defendant defendants 9 physician phy lician 51 cian clan except about a year since when defendant had bad his leg broke broken n witness brother P F D benedict had attended mr hampton ampton II when he had a very severe attack of double pneumonia vir sir hampton was at present suffering from phthisis is a chronic affection of the lungs the attack of pneumonia had left th the e health of the defendant in its present condl condition would be hazardous and might result fatally perhaps in three weeks the disease was a form of consumption open air exercise was beneficial to holthe the patient but tut a cold moist atmosphere or office confinement were injurious the witness haab e en acquainted with mr hamp ton 15 years and knew him aim intimately enough to siv ill e the certificate re referred ferrea to dr W F anderson was next called chehad lie iio had been mr air hamptons Ham family physician and had been his atten attendant daiil dalit an fn in the severa severs attack of monia about three years ago had professionally treated him within tile tiie past two weeks for chronic the symptoms then shown were ef of breathing pain and chills had bad not made a medical examination of defendant when the certificate was given but knew what his condition was and that confinement would be very injurious to him and would probably prove fatal if he were placed in a well ventilated room loom it would not be so bad dr S 0 L potter was wits called and gave his definition of an attack of that disease might leave chronic pneumonia by looking at mr air hamptons Ham face he saw no indications of the disease he would not undertake to give a professional certificate of the tha condition of a man without making an ex am matlon mation had bad no acquaintance with the defendant confinement in prison in a well ventilated room would greatly I 1 aggravate the disease it was not the habit of the witness to give a certificate without an exam examination nation tho though a gh some physic physicians laus iaus mient do so under some circumstances th court in a severe tone proceeded to pass sentence as a follows you are aware mr air hampton that you were tried upon the charge ot of conspiracy with onemus one Mrs mccall mccali or mrs airs y S J I 1 leids fields to keep a house of ill tame lame in this city a place resorted to for tor the pric practice tice of prostitution and lew lewdness driess and the jury found you guilty and the motion in arrest of having been overruled it now how is the duty of the court to pronounce the sentence against you have ilav you anything lurther further to say why the sentence should be not pronounced mr air hampton I 1 could say a good deal your honor but I 1 dont think I 1 will say anything I 1 am ready for sen court the statute provides in cases of this character that the defendant may be punished by imprisonment in the county jall jail not exceeding one year or by fine not exceeding one thousand shousan dollars the discretion of the court is quite wide and it also extends to the character of the punishment it lt may be by imprisonment in the tile county jail or by fine it cannot be both counsel have offered certificates of two physicians of the city and also their thein statements aaa aad the statements of one other physician for the purpose of proving or disproving your physical condition the evidence touching this point is not to say the least of it satisfactory physicians sometimes are a little reckless in giving these certificates and oftentimes mislead the court because they are often presented in cases of jurors anit anil others and they ought to feel the responsibility under which wilch they are acting when they present certificates for the court to act upon I 1 am satisfied from certificates til that I 1 have race received ived heretofore in cases of j jurors ul ors arld and others that there has been a recklessness in these certificates by some physicians that ought to be deprecated and they are so unreliable that I 1 confess the court can place but little reliance upon them the testimony given from the witness stand would seem to be more reliable though that is somewhat indefinite and the reasons given by the physicians for tor their opinions are not aioo alio altogether wether gether harmonious and dont strike my mind in the absence of a personal examination as b being e entitled to very great weight e ng t I 1 would of course take into consideration the physical condition of the party that I 1 was wad about to sentence where I 1 have the power either to confine him in jail or to impose a flue fine if the evidence was sufficiently satisfactory and clear that confinement might result in serious injury to the defendant but I 1 am not satisfied that this is the case here the offense with which you are charged mr air hampton Js is one of course that every right minded nan man must cond condemn emu according to your own statements no man can enter into a partnership with a prostitute and be honored and according to your own statement you employed this miserable prostitute as the evidence shows to give her for each man that she might make an affidavit against the object of course of the law is to prevent crime and no man can be justified e d no honorable man in hirl hiring a prostitute when he be must know 9 as a reasonable man that the result of that will be to cause her to commit crime and to cause others to commit rime to hire her to do this again you sav say that you employed her for the purpose 1 e of detecting crime where a crime is committed the use of detectives may be proper to ferret it out but to employ detectives of bad character such as prostitutes to commit crimes themselves and induce others to commit crime cri crl siu sin order that they may be punish punished td brings disgrace and infamy upon the tile community and scandal upon society involving families into trouble and Is a conspiracy todo that which deserves the deprecation and condemnation of i all decent menno man that does this ought to ever until he reforms go out adiong imong decent people and hold up his hs head your conduct as shown by this evidence leads me to believe that you lre are so lost to all sense of propriety and decency that I 1 confess I 1 feel like iving giving alving you a severe punishment the interest of boci society ety the good ot of society I 1 demands particularly that this crime against chastity in this community should be punished seve severely reit reir there Is no excuse abr saying that it is necessary in order to stop these houses bouses of ill fame that this is to be done the general reputation of the house is always competent evidence against it and the general reputation ot of the person that leeps keeps it itis Is competent evidence and the general reputation of the persons who visit it is lelent to any grand jury when that reputation is sufficiently established or any court and they are bound under the rules not only to indict but to convict when that is sufficiently established so that there is no necessity lor for this establishing houses and reserving a room as it was reserved in these houses that persons might peep and peer through apertures aper tures and holes in order to see the performances the infamous and lecherous conduct of men there Ther ewas was no necessity to import prostitutes from other cities from hundreds of miles it is better to get rid of what we have got there are plenty here without bringing more in and they ought to be rooted looted out and if you we were re in good earnest about it you and those that are acting with you yon can take every esery house of ill fame in ill t egry this s city and punish them because it is not necessary to prove r ove specific acts in order to convict ft it of beina house of ill lil fame tame or the keeper 0 or r others for frequenting it or any of the inmates of it in view of all the circumstances of this case and in view of the fact which I 1 cannot close my eyes to I 1 cannot disregard it that when men are fined here sometimes it Is no punishment at all others pay it the object is to make the punishment certain and definite in order that it may be a terror to others I 1 these circumstances do not choose to impose a fine in this case As you seem to be the leader in this matter this new piuse phase of crime that seems to have lave developed here among amono many others and which seems to be degrading in and disgracing and weighing down this community I 1 will give lve ive you the full benefit of the law you tou you will be sentenced to imprisonment birthe in the county ali jail all for the term of one year if your nhi phi physical physical condition becomes so bad that it t iz i necessary to liberate tou you before that time the clemency resides in the executive head and he doubtless will exercise it whenever it becomes sufficiently apparent and abid proper for him to do so hoping that this may be a lesson to you that is all after a short pause the judge added and the costs of the proceedings also when judge zane had finished judge hoge asked that mr air hampton be admitted to bail ball pending ngy an appeal of the case to the territorial supreme court mr air varian sharply remarked that such an action would be a violation of the pie nie tle yle of the court the court said it had adopted the rule not to give bail ball in all cases 1 unless good reasons sho should uld be shown judge hoge submitted as a reason wh why bail ball should be allowed the showing ins made mad e by the physicians he did not ask for delay as ag they expected to have the case disposed of by the supreme court next month the court denied the motion to admit to bail and mr air hampton was remanded to the custody of sheriff groesbeck |