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Story October 9, 1874

The State Journal

Jefferson City, Cole County, Missouri

What is this article about?

United States Court proceedings on Oct. 5-6: Charles A. Whittaker fined for forging pension papers; Elbert Rouk's plea changed; S. F. Higley fined for detaining mail. Dr. Wm. F. Boyer sentenced to 2 years in penitentiary and $500 fine for fraud, despite emotional pleas and sympathy; hope for presidential pardon.

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UNITED STATES COURT.
Dr. Wm. Boyer Receives his Sentence.

MONDAY, Oct. 5.
United States vs Charles A. Whittaker, convicted of forging pension papers, was sentenced to pay $500 and costs, which all amounted to $1,100, was paid and the prisoner discharged.

United States vs Elbert Rouk, charged with stealing money from a letter, as a mail carrier, leave granted to withdraw plea of guilty, and plea of "not guilty" entered. Mack J. Learning for defendant.

United States vs S. F. Higley, charged with detaining a letter at Greenwood Post-office, and heretofore convicted, fined $10 and costs, and entered recognizance for appearance at next term.

Adjourned till 10 o'clock to-morrow.

TUESDAY, Oct. 6.
Court met at ten o'clock.

In case of the United States Vs. Dr. Wm. F. Boyer, the motion for a new trial was overruled. Mr. Boyer was then called within the bar and sentenced.
He was sentenced to two years in the penitentiary and to pay a fine of $500.

Before passing sentence the Judge assured Mr. Boyer that he had taken a deep interest in his case, and was inclined to favor him in every way possible. He had searched diligently for a cause for a new trial but could not find one. It was a painful duty. Yet there was no alternative but to follow it.

When the sentence had been formally pronounced, Mr. Boyer was permitted to say a few words in response.
I beg here to solemnly aver that of the charge as stated in the second count of the indictment, of which I am convicted, or of making affidavit to any demand with the intention of defrauding any one, I am as innocent as your honor or any man in this room.

He attempted to speak further but was overcome with emotion and was compelled to sit down. Throwing his head forward he covered his face with his hands and sobbed violently.

While the Judge was speaking, the young man's father entered the room. He heard a few words of the remarks of the Judge and the reply of his son. When he had finished and sat down, the old gentleman at once realized that a new trial had been refused, that sentence of the law had been pronounced, and he uttered a loud cry of anguish. "Oh! God! All gone! All gone! The last hope of life!" said he and he paced the floor in agony, mourning aloud over the distressing blow to his life and hope.

It was a painful scene.

A word or so from the Judge brought comparative composure, and the routine of business went on.

It is proper to say that this case has attracted a great deal of interest in this part of the country. Deep sympathy is felt for Mr. Boyer and his son. The former is one of the best and truest men that ever lived, and, while it is true the verdict of a jury is against the son, there is a settled conviction in the minds of many that he is innocent of the charge, in either intent or fact.

The circumstances with a statement of all sides has been fairly presented to the President and there is hope of a pardon in a few days.

In the meantime the prisoner will be held in custody by the Marshal and the sentence not executed until an answer to the application for a pardon is received.

What sub-type of article is it?

Crime Story Historical Event

What themes does it cover?

Crime Punishment Justice Misfortune

What keywords are associated?

Court Sentencing Forgery Conviction Mail Theft Fraud Charge Pardon Hope Emotional Scene

What entities or persons were involved?

Dr. Wm. F. Boyer Mr. Boyer (Father) Charles A. Whittaker Elbert Rouk S. F. Higley Judge

Where did it happen?

United States Court

Story Details

Key Persons

Dr. Wm. F. Boyer Mr. Boyer (Father) Charles A. Whittaker Elbert Rouk S. F. Higley Judge

Location

United States Court

Event Date

October 5 6

Story Details

Court sentences Whittaker for forging pension papers, changes Rouk's plea for mail theft, fines Higley for detaining letter. Boyer's new trial motion overruled; sentenced to 2 years prison and $500 fine for fraud via false affidavit; emotional breakdown by Boyer and father; public sympathy and hope for pardon.

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