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Badger is Sentenced by Bunnell (March 11, 1916)
Defendent Is Fined $750 and Is Sentenced to Serve Six Months In the Federal Jail
Fines Likely to be Paid
Attorney Leroy Tozier Presents Lengthy Statement to Court; Roth Expresses His Opinion
When court convened this morning the room was well filled with curious spectators; all on hand to hear the sentences pronounced upon four men who stood convicted of infractions of the law. Among the defendants up for sentence was Harry M. Badger, who pleaded guilty to an indictment, with three counts, each one charging assault upon a 10-year-old girl. The judgment of the court was that he should pay fines to the extent of $750 and should serve six months in the federal jail, the last named penalty to commence after he had either paid the fines or served out the sentences at the rate of $2 per day.
After disposing of several other matters, Judge Bunnell asked the prisoner if had anything to say why sentence should not be pronounced. He replied with a nod and a "no" that could not be heard five feet away.
Leroy Tozier, who represented the defendant at the arraignment when he entered his plea, arose and made a talk to the court on behalf of the defendant. The attorney started by saying that he believed that attorneys, in making statements before sentences were passed, did so for the purpose of enlightening the court as to some phase of the case. He did not know what to say that might enlighten the court as to the case at bar, except to offer his opinion.
He said he believed that the little girl in question had told another little girl; that she had told her mother, and that this mother told the mother of the unfortunate child; that the two mothers then went to Mr. Badger and that he admitted his guilt. By admitting his guilt, he placed himself liable to a jail sentence and a heavy fine. The attorney continued that he believed the defendant to be the sufferer of a mental disorder, and that his mind was in such a condition that he was not entirely to blame for what had happened. Mr. Tozier also said that the accused had always stood well in the community and had held positions of trust, which he never violated. He said further that an eminent French specialist, who had made an exhaustive study of sex crimes, offered the opinion that they were due entirely to mental disorders, and not to any criminal intentions. He concluded saying that the worst punishment in the whole case was the bringing of the indictment, the arrest and the publicity of the affair and that he did not think that society in general would be any safer if the defendant were given the maximum sentence.
Mr. Roth's Statement
The court then asked the district attorney if he had anything to say before sentence was passed. Mr. Roth arose and, very feelingly, said, in part:
"If it please the court, it is a most difficult thing for me to anything [text missing] case at all, and there is no way that I know of that this court could adequately help this situation as far as punishment is concerned.
"I am not interested in that part of it."
Judge Bunnell then read the statute applicable to the case and expressed the opinion that what counsel had said was true, as to the nature of the case. He told of his acquaintance with the defendant, and remarked as to his good standing in the community prior to the present case. The court concluded by stating that on the first count the defendant would be fined $250; that after that had been paid or served out at the rate of $2 per day, he would be required to pay a fine of $500 on the second count; and that after had paid this, or served it out in the federal jail at the rate of $2 per day, the would be required to serve six months in the federal jail. Should he fail to pay the fines, he will be required to serve in all practically a year and a half.
Late this afternoon, it was stated, that the fine had not been paid, but that the defendant was making arrangements to pay it.