Max Mason. Case No. 6785. Sentence Record. August 1921.
Type of event: Incarcerations
Location: Stillwater; Washington County; Minnesota; United States
Document date:
Document type: Gov't Record(s)
Document subtype: Sentence Record
Documents: Max Mason. Case No. 6785. Sentence Record. August 1921.
Citation:
Minnesota State Prison (Stillwater, Minn.) [Stillwater State Prison].
Max Mason: Case No. 6785.
Commitment Papers.
Case no. 6785, August 1921.
Sentence Record.
Image text
STATE OF MINNESOTA IN DISTRICT COURT
County of St. Louis 11th Judicial District
STATE OF MINNESOTA . . . . . . . . . . . . . . .
Plaintiff,
vs.
MAX MASON . . . . . . . . . . . . . . . . . . . . .
. . . Defendant.
Sentence and proceedings had at time of sentence.
The above entitled matter came on for hearing before the Court on
Thursday, December 2, 1920 before –
Hon. L. S. NELSON, Judge
Presiding.
A p p e a r a n c e s :
For the State, Mason M. Forbes,
Assistant County Atty.
For the Defendant, F. L. Barnett and R. C.
McCullough.
M A X M A S O N
The above named defendant, is brought
before the Court.
THE COURT: Before pronouncing sentence the law requires
that I should ask you
certain questions. You have a right to answer them, or not, as you
choose; but, if you do answer I want you to answer them truthfully.
The
Defendant: Yes sir.
THE COURT: You may be sworn.
(The defendant is sworn)
(1)
By the Court:
Q. When and where were you born? A. In Decatur, Alabama, the
27th day of
August, 1899.
Q. Is your father living? A. No
sir.
Q. Is your mother living? A. No sir.
Q. How old were you when your
father and mother died? A. I was 16 years
old when my mother died and I was
18 years old when my father died.
Q. Up to the time of the death of your
mother did you live at home with your
parents? A. Yes sir.
Q. And then
after she died until your father died did you live at home with your
father? A. Yes sir.
Q. What did you work at? A. Worked in a basket
factory.
Q. And after you father died where did you live? A. I have lived in
Louisville, Kentucky.
Q. How long did you live there? A. Up until the
25th day of April 1920.
Q. And while there what did you work
at? A. Worked at the hotel; waited
table for Frank Jentile.
Q. And from
there where did you go to? A. To Peru, Indiana.
Q. And how long did you
remain in Peru? A. Remained in Peru one day
and night.
Q. And then what
did you do? A. I leaved with the John Robinson Circus.
Q. You joined the John
Robinson Circus there? A. Yes sir.
Q. And from that time up to the time that
you were arrested for this offence you
continued to work with the circus,
did you? A. Yes sir; up until I got
arrested.
Q. Did your father drink
intoxicating liquor as a beverage? A. No sir.
(2)
Q. Have you, yourself, drank intoxicating liquor as a beverage? A. No
sir.
Q. Never drank liquor at all? A. No sir.
Q. Was your father a member
of any church? A. Yes sir.
Q. What church? A. The Methodist.
Q. Are you
connected with any church? A. No sir.
Q. Have you any brothers and sisters
living? A. Yes sir.
Q. What is the name and address of the --- A. My youngest
sister’s name is
Myrtle J. McDonald.
Q. And her post-office address? A. Box 192, Leighton,
Alabama
Q. Have you any brother? A. Got a brother by the name of Raymond
Mason.
Q. What is his post-office address? A. I don’t know his
post-office address,
but he is in Birmingham, Alabama.
Q. What schooling
have you had? A. I haven’t had much schooling.
Q. Did you attend any
school? A. No sir; no until about two or three years
since.
Q. Can you
read and write? A. Yes sir. What education I go my sister
learned it to me,
my oldest sister.
Q. Have you ever been convicted of any crime before
this? A. The only time
before I was arrested in Louisville; I got a thirty
dollar fine or three hundred bond
for three months for selling
whiskey.
Q. Have you ever served in any penitentiary or penal
institution? A. No sir.
Q. Never anywhere? A. No sir.
Q. Have you ever
learned or practiced any mechanical trade? A. No sir,
not a mechanical
trade I have not.
(3)
Q. Your work has been that of waiting in a hotel--- A. Yes, and porter work
and elevator boy.
Q. And then with the circus? A. Yes sir.
THE
COURT: Mr. Clerk, do you think of anything I have omitted?
THE CLERK: No,
Your Honor.
THE COURT: Your represent the County Attorney?
Mr.
FORBES: Yes, Your Honor.
THE COURT: Do you think of any matters I have
omitted?
Mr. FORBES: No, I think not, if the court please.
Mr. BARNETT:
May I ask a question?
THE COURT: Yes.
Mr. BARNETT: He can explain that he
worked six years in the basket factory.
By the Court:
Q. You worked how
long in the basket factory? A. Six years.
Q. What was your work
there? A. Running a reef saw.
Q. Have you anything to say now why the
sentence of the court should not be
pronounced against you? (No
answer)
Q. Anything you want to say to the court? A. I know I am not guilty
of the
crime that they found me guilty of.
Q. Is that
all? A. Yes.
Q. Is that all you care to say? A. Yes sir.
THE COURT: The
facts in the case sufficiently appear from the record which will
accompany the commitment and I think there is nothing that the State
would care to recommend in the case.
The Defendant: They have me charged
with having the gonorrhea at the time they
examined me at the jail, and I told the doctor I didn’t have no gonorrhea
and he said I did and I refused to be examined by him at that
time.
(4)
I told him I had had it in December in the year 1919 when I was in
Louisville, I would be willing for anybody to examine me to see whether I
have got gonorrhea or not.
THE COURT: Mr. Barnett, what do you care to say
to the court?
Mr. BARNETT: This is the only thing, and I do not know as that
can be of any avail now.
The judgment of the court has been passed. The sentence is
indeterminate and rests with the Pardon Board. As I take it the question
here asked will be submitted to the Pardon Board. He is willing to have
the trial court appoint a physician to make an examination so that that
examination might go with the statement of the case, or be submitted
independently to the pardon Board. I do that because I think it is vital. I
think it is one of the vital parts of this case and I think it would be a good
thing if he were examined before he is sent away and see just what the
present situation is.
S e n t e n c e :
It is the judgment and
sentence of the court that you, Max Mason, as
punishment for the crime of Rape, of which you have been duly
convicted, be taken by the Sheriff of this county to the State Prison at Stillwater, and there confined, at hard labor, subject to the laws of this
state.
Mr. BARNETT: I believe I can make a motion now and ask that
sentence be stayed.
THE COURT: I think I will grant that. You will not issue
any commitment until further order of the court. (To the Clerk)
----oOo----
(5)