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CHAPTER FIFTEEN
HOW TO GET OUT OF PRISON

I mean by the title of this chapter, how to get out legitimately and not by the von Werner method. This is the way: be a good fellow, obey the rules, attend to your own business, and before long the prison gates will open for you. Show the world that you are a man even though you are in prison. Nebraska has just adopted the indeterminate sentence and the parole law, and under these laws the judge shall sentence a convict prisoner (except those convicted of murder, rape, kidnapping and treason, whose sentence is affixed by the judge) to the penitentiary, but he shall not affix the duration of the sentence. That is left for the board of pardons and parole to do. And a wise and good law indeed is the indeterminate sentence law. Under the old system I have seen prisoners arrive at Lancaster on the same day and for the same crime, one

 
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with a short sentence and one with a long sentence. On the same day and on the same train once, but from two different counties, there came a man with a five year sentence for stealing a heifer and one with a two years sentence for stealing a team. This is how it used to be. Judge Jones gets up on the wrong side of the bed, and feels badly and out of sorts. He proceeds to court and there stands a man ready to be sentenced to the penitentiary. "Ten years," says the judge. The poor fellow goes up for ten years. Now there is Judge Smith, in another county. He gets up on the right side of the bed, and on this morning everything looks sweet and good to him. "One year," says he. "Go down and be a man and earn two months good time." In other words the judges, like the prisoners, and all the rest of us, have a temper of their own. I recall an instance where a prisoner stood before the judge ready to be sentenced. "Four years" says the judge. "What, four years for a little

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thing like that?" says the prisoner. "Give him another year Mr. Clerk," says the judge. The prisoner again tries to argue with the judge and the judge turns to the clerk and adds another year. By this time the boy realizes that it does not pay to talk back to the judge, and he starts for Lancaster. Here he remains for three years, is paroled, and at this writing is doing nicely. And I have seen on the same day, a man come to Lancaster for one year for manslaughter, and another man with three years for stealing a suit of overalls and a pair of shoes. I know of one district where the judge possesses a heart and soul and is inclined toward the minimum; while another judge generally approaches the maximum sentence; "and" he adds, while chewing a big chunk of tobacco, "I am sorry I cannot give you more!' I often wonder if that judge ever thought of the hereafter and of the day when he himself has to stand before that great Judge to Whom

 
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all sinners look alike. Under this old law a prisoner or a bunch of prisoners were brought before the judge to be sentenced. He never knew them, never saw them before, perhaps he will never see them again. He sentences each as he sees fit, as he feels on that morning, and he knows not when that particular prisoner will be a fit subject to turn loose upon society again. Under the new law the judge sentences the prisoner to the penitentiary, not for a fixed term but for a term not to exceed the maximum nor less than the minimum term provided by law for the crime for which the prisoner was convicted. For instance:

False pretenses 1 to 5 years
Grand larceny 1 to 7 years
Bigamy 1 to 7 years
Burglary 1 to 10 years
Manslaughter 1 to 10 years
Robbery 3 to 15 years
Forgery 1 to 20 years
Safeblowing 20 to life.