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DISTRICT COURT.: Arraignment of Tlieo.UrosFheim for Sentence—Speeches by bis Attorneys and Himself— A Sentence for Fire Years— Attorneys Riciinmu aud Ht ff.nan «’ Fined $50 Uaeh for ronteinpt of C »artLi —A Temporary Ii junction in the Deck° O Case - Adjournnient Sine Die.- ■ •_All the available space in the Court * room was occuped with spectators this e morning. At 9:15 Sheriff Gray an- uounced the opening of the Court, and _ Judge Waterman stated the first busi-r. ness would be the entering of judg-J ment on the verdict in the Grossheim- case and asked if Mr. Grossheim or his J attorneys had anything to say why 1 sentence should not be passed.Mr. Cloud arose and stated he would : have something to say and afterwards the defendant would say something in- his own behalf. Mr. Cloud's remarks 1 were much the same as those which he i made in supporting the motion for a . new trial in the case. He sought to i show that while the trial had been conducted under the forms of law, yet it[ had not been fair or impartial on ac-» count of the pressure brought to bear. He then spoke of the testimony as incompetent, and stated that witnesses had been drilled day after day in the t story; they had no appreciationof the responsibility of witnesses. Mr. Cloud then attacked thetraining of the witnesses. Hestated that if their parents had not turned their education morally over to the Sunday schools and allowing them to run loose, while they were out reforming the wprld, such a spectacle would never have occurred, as these children coming in court and swearing they had gone to G.’s for 15 months and over, and his simply telling them to say nothing about it to their parents had prevented them# from doing so. The parents knew nothing about the matter until a conclave of preachers and others was called and then the children were schooled and directed as to what they should say for a month. He also referred to the prosecuting attorney whispering to the prosecuting witness just before she gave her damaging testimony. He referred to Mr. G.’s long residence, his previous good character, his word being good commercially, and his devotion to his adopted country in enlisting in the army when it had great need of his services. The portion of the community most desirous of his conviction, who most loudly called for blood, were the moral reformers, who allowed their children to run around the streets like little Arabs to such an extent that even the Marshal had been compelled to issue orders prohibiting them from doing so.Lawyer E. F. Richman said he had only a few remarks to make. He realized the new trial had been overruled. He made some remarks about the inconsistencies of the uncorroborated testimony of one of the witnesses. He also spoke of Mr. Grossheitu’s previous life, his devotion to his country at the time the country needed his services.He told of a somewhat laughable ioci dent occurring at that time which showed Grossheim’s heart. A woman had been accused of spitting on the American flag and some time afterward she came in G.’s shop and was ordered out by him for that reason. He | said that even if it was conceded that all the testimony was true, it was rather an evidence of a diseased and morbid condition of the man than of wilfull criminal intent.Mr. Grossheim then arose but Mr. Hoffman, his attorney, asked to say a few words about the matter although he had not intended to do so. He 9aid Mr. R. had well referred to Mr. G.’s former life. In all his 57 years he had never before been accused of crime or been before a bar of justice. He bad been severely punished already. The mere indictment, the publicity, and the incarceration in jail, have been a severe punishment. He has not many years to live. There is no probability of his doing anything like this again, if he has done anything. And the two objects of punishment,—viz., determentof the criminal from committing further crime and deterring others from doing so,—would be secured by a sentence of a year or six months as well as by one of five years. He had serious doubts of the righteousness of the verdict: did not believe the community desired him■ heavily inflicted, and he hoped the■ court would “temper justice withi mercy.”» Mr. Grossheim then spoke at1 considerable length in his ownI behalf. He reviewed his pastcareer; had always tried to live an honest and peaceable life; his neighbors would never complain against him; his business had been of the greatestvariety and had attracted an immense number of people at his place of business every year: he doubted if there was another man in the United States who could pursue as many lines of work as he. His place was frequentedby the best class of people; his time was so occupied with his work that often when his friends came in to play billiards he had to refuse and sometimes scarcelyjhad an opportunity to eat and sleep If the girls had told the truth he must have occupied his whole time witti them. He explained at length the other matter which had been referred to as reflecting on his character and said it was utterly without foundation. He did not think he had had a fair trial. The girls had not told the truth but he and they were the only ones who knew they had not. They had concealed everything which had occurred when they visited him which would reflect creditably on his character. He had talked morally and properly advised the girls as to how they should act; they had been sent there by their mothers; it was against nature that a man of his age would have such passions or be unable to control them. It was against nature that he would do such things when he was in such danger of being caught; no man would do such things as he had been charged with unless he was crazy or dead drunk. He thought the parents of the children not coming to him first was an iojust ice; if they had done that, there would have been no trial. He said it was unfair that people should threaten the jurymen with lynching if they did ncft convict him. He had instructed his counsel not to cross-examine the girls. He had nothing to say against the Judge or his actions during the trial. He thought that the Judgn believed the testimony because it came from little girls and that he had acted consistently. He then asked (crying and his sentences broken by his feelings overpowering him) that he would remember his age, his devotion to his adopted country, and his previous good life, while pronouncing sentence.Mr. Lauder was about to make a few remarks but the Court asked if he thought it necessary. On the defense objecting, Mr. Lauder sat down.Judge Waterman then addressed Mr. Grossheim. He said if he bad held any doubt of the fairness of his trial, or any doubt of the sufficiency of the evidence to convict, it would have been his duty to have granted a new tnal. Even if now he had any such doubts he would rather reverse his decision on that matter. The verdict was just and the trial fair. In some respects the Judge did not look at the matter as the defendant’s attorneys did. Some things which they urged in extenuation he considered an aggravation. A man who had been brutally and barbarously brought up, who was without a family, position or the dignity of age. might offer in extenuation that he knew no better. Or were the parties implicated grown women, on whom the affair would have no serious effect on their after life, as it would in this case, it might be different. He had given the subject much thought It was a new position for him to occupy by which he deprived a man of his liberty. Many of the matters offered in extenuation he had considered in making his decision. To a man of Mr. G.’s temperament and sensibilities, the proceedings so far had probably been a severe punishment. He did not see what the feelings of the community had to do with the matter.He then pronounced sentence, which was imprisonment for a term of five years at the penitentiary at Ft. Madison.The prisoner manifested no visible signs as to what effect the announcement of the sentence had on him.Mr. Cloud immediately gave notice of appeal, and the matter of the amount of bail was immediately raised. The Judge placed the bail in this case at $2,000, and the bail in the other two indictments still remains at $1,000 each.The next busiaess was the explanations of Attorneys J. Scott Richman and William Hoffman who had been cited to appear and show cause why they should not be fined for contempt of court for creating a disturbance in the court room yesterday morning.Mr. Richman spoke first. His face and scalp showed that his bruises were severe, and had been painful though not serious. He read his explanation from manuscript. He stated that the insulting Olanguage of Mr. Hoffman, coupled with the accusation that he was a liar, was a little more than he could stand. He admitted that he erred in making the motion to strike him and offered in extenuation that there was no intent to assault any .one or show any contempt of court. He did not know who struck the first blow and doubted if any of the eye witnesses present did. The reports published in the papers were incorrect. Mr. Hoffman first called him a liar. He regretted the matter very much.Mr. Hoffman had not written out anything. Why he should use an inkstand he did not know. Mr. Richman came at him so suddenly and fiercely that he had not time to consider. The inkstand was the first thiDg he laid his hands on. Did not pot it there. If he had thought he would not have struck Mr. RicbmaD, especially as he was an older and smaller man than he. He was not a fighting man and was in no condition to tight with whiskers. Had finished fighting when he left the army. Was sorry ho had injured Judge Richman and also that fie had committed an offense if any had been done. He then proceeded to review his relations with Judge Richman for many years back, stating that the latter had shown a disposition to be very angry and irritable when contradicted or opposed. This increased as hegrew older. It was the same way with Lawyer Cloud. He thought if he should become the same way when he grew old, he would retire. He then began talking about the liquor cases which he had the fortune or misfortune to defend after Judge Bran-nan’s accession to the bench. He had been abused by the press and by individuals since then. One paper had gone so far as to advise the public to boycott him in his business. He had done nothing in that wdrk except what any honorable lawyer should do and he was not ashamed of a single act he had done. The opposition and abuse he had received far from deterred him from taking such cases. On the contrary, it probably had an opposite effect, especially with a man of his temperament. Just what bearing all this had on the matter in question, Mr. H. did not state. »At the conclusion of Mr. H.’s remarks, Judge Waterman said all could see the necessity that something should be done. He was sorry that the law -prevented him from doing all that he ought to. So he would fine them the full limit of the law, $50 each, for the offense.“And further, gentlemen,” he continued. “1 intend these tines shall be paid and not be merely nominal and remain uncollected on the books. I shall forthwith issue executions and place them in the hands of the Sheriff for service.”Arguments were then resumed on the Beck injunction case. At their conclusion Judge Waterman announced his decision, granting a temporary injunction against Martin Beck.Court then adjourned sine die.Judge Waterman stated that he would soon set a day for the trial of of the other injunction cases. This will probably occur at Davenport. The Judge said except for the nature of the ^ cases he would refuse to try them, es he had business away ahead to attend to for some time and had to assist Judge Howatt at Clinton in April, and open court in Davenport in May.As the mutter in the Grossheim case now stands, he will be taken to the penitentiary in a day or two, unless his attorneys secure bond or an order j from the court to keep him at the county jail until the appeal to the Supreme Court is decided. They have six * months to perfect their appeal and it is optional with them whotherthey do so or not. G. cannot commence serv- * ing his sentence until he goes to the penitentiary.edqiicccct.8bI;iiiii1tilt;Itftt
Newspaper Details
Muscatine Saturday Evening Journal
Muscatine, Iowa, US
Sat, Mar 24, 1888
Page 4
Full Page
Clipped by
Anne C.
NA, 04 Aug 2023
Other Publications Near Muscatine, Iowa
Muscatine Journal and News Tribune
New Indexed Atlas of Muscatine County Iowa
Atlas of Muscatine County Iowa
Muscatine Daily Journal
Muscatine Weekly Journal
