WHITEY' GETS THREE YEARS -- (Part 6)

TIMMONS, JOHNSON, ROBERTS, STUART, CORWIN, BARTHOLOMEW

Posted By: David (email)
Date: 1/1/2005 at 23:52:32

The Chariton Leader, Chariton, Iowa
Thursday, April 18, 1907

Judge Roberts sentenced "WHITEY" TIMMONS to three years hard labor in the
penitentiary at Ft. Madison, for robbing AUGUST JOHNSON of $1,096. On
Saturday afternoon when the sentence was given the court house was full of
eager spectators. The court spoke kindly to TIMMONS, saying that had he
borne a previous good character it is not likely he would have been found
guilty, and that it was not too late to retrieve as he was young. He hoped
that he would see the error of his way and reform; that surely he had seen
the folley of wrong doing and that no difference how cautious a wrong doer
was he was apt to leave some gap open for conviction, as in this case.
Assuming that he had come by AUGUST JOHNSON's money honestly, it was the
fraudulent appropriation of it to his own use that had got him into trouble.
Judge Roberts said he had been ably defended by Corwin and Theodore Stuart,
Jr., and surely he could have no cause for complaint on that score and the
trial had been impartial and free from bias.

TIMMONS set up the plea that JOHNSON had given him the custody of the money
for safe keeping as he had been robbed of his gold watch while in jail in
Illinois some time previous. County Attorney L.B. Bartholomew managed the
case well and this conviction is considerable of a legal victory, taking all
circumstances into consideration, especially the fact that there was but one
really criminal point, as defined by our statutes, in the case, and that was
the fraudulent appropriation to TIMMON's personal use. Had he brought back
the $196, which he gave the lawyer, at Troy, Ohio, to defend him against
extradition, and given it to JOHNSON, turning over the title of billiard
hall to him, he could not have been convicted. His attorneys gave notice of
appeal to the supreme court and his appeal bond was fixed at $2,000, which
it is not likely he can give. The court ordered that he be held here until
the latter part of this week and then in default of bond be taken to Ft.
Madison to enter upon the tenure of his sentence.
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December 13, 2004
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