IN THE DISTRICT COURT OF DAWES COUNTY, NEBRASKA THE STATE OF NEBRASKA, ) ) PLAINTIFF, ) ) -vs- ) HEARING ON PLEA ) (Grand Larceny) ) MARGARET SHOEMEKER FERRIS, ) ) DEFENDANT. ) Heard before Hon. E. L. Meyer District Judge at Alliance, Nebraska September 3, 1943. APPEARANCES: For the State, R. R. Wellington, County Attorney, Crawford, Nebraska. For the Defendant, Charles A. Fisher, Chadron, Nebraska. Also present in court room, C. W. Spearman, County Sheriff, Chadron, Nebraska. Lorraine Shoemaker, Court Reporter, Alliance, Nebraska. -1- INFORMATION READ BY R. R. WELLINGTON, COUNTY ATTORNEY. BY THE COURT: Mrs. Ferris, before I ask you to plead to the information, I want to make certain that you understand what your rights are and the seriousness of the charge against you. First, let me ask you when you were taken into custody by the officers. A The first time they questioned me down here what I was doing. I told them I was working and they never questioned me at Chadron. The officers got me as I was on my way home to my sick mother and I have to still go. Q Have there been any promises made to you of any kind? A (Nodded head no) Q No one has threatened you in any way, have they? A No, just my husband won't give me money and he won't support me and I wouldn't have taken it if he had. I needed the money. Q How old are you? A Over twenty-one. Q How much over twenty-one? A Twenty-nine. Q Twenty-nine? A yes, born in the year 1912. And I got this other case coming up and I want to be free to fight it. Q You say you were born in 1912? A Yes, sir. Q You would be over twenty-nine, wouldn't you? A Not much over. Q Where were you born? A What? Q Where were you born? A Pennsylvania. Q How long have you lived in Nebraska? A All my life, ever since I was a baby. -2- Q You came from Pennsylvania when you were young? A Yes. Q Where is your home now? A I have been making O'Neill my home and my mother is at Schuyler. She moved down there. Q When were you married? A The year 1933. Q Are you and your husband separated? A We have been for the last eight or nine years. Q Are there children? A No. Dead and buried. Q You are separated but not divorced. Is that right? A That is right and that was coming up right away if I got home. That is what I was going to see about, so I could get out and get me someone who would support me. Q There a divorce case filed, is there? A Well, I don't know. I guess there is one the record in O'Neill -- what there is against him. Q Did you file it or did your husband? A Both of us. Q you mean you filed separate actions? A Well, it could be, yes. They all know in O'Neill that he hasn't been doing right by me. Q How far did you go to school? A Just to the seventh grade. Q You say he hasn't been supporting you? A He hasn't been supporting me. That is what I said. Q What have you been doing to support yourself? A Well, just any kind of work I could get -- working on a ranch or in a cafe. I had two jobs offered me before I left this town. One was on Peterson's ranch and the other down here at the bakery. Q You were here for awhile were you? A Yes, sir. Q How long? -3- A Oh, two or three weeks. Q Now, you got these --- A (Interrupting) I got the letter that my woman friend sent me that my mother was going to be operated on and to come home. Q And that was when you took this clothing? A What? Q That was when you took this clothing? A No, when I came up I had to have them and I couldn't get any other money to get them. Q So that it was about the 12th of July when you took them? A (Nodded head yes) Q You got some dresses, did you? A Just two. Q And some slips? A One. Q And a night gown? A One. Q And some pajamas? A One. Q Some gloves? A One Q And a watch? A One. Q And some other items, did you? A (Shook head yes) Q Where did you get those, Mrs. Ferris? A What? Q Where was it you got those? A Wilsons. Q They were the property of Amelia Wilson? A Yes, sir. Q She hadn't given them to you had she? A No, sir. -4- Q She didn't tell you that you could take them? A (Nodded head no) Q She didn't know that you were going to take them? A (Nodded head no) Q You took them for yourself? A Yes, sir. Q Didn't intend to give them back? A I gave her five dollars pay for them and that was all the money I had. Q When was that? A I gave it to the Sheriff. Q You mean afterwards? A Afterwards. Q But when you took them you didn't pay for them? A I would if I had some money -- if I could get the money sometime. Q You didn't intend to take them back? A No, sir. Q You were going to wear them to go see your mother, is that it? A What? Q You need clothes to go see your mother? A No, sir. I needed clothes before that. BY MR. WELLINGTON: I think, your honor, the clothes were taken in Chadron and then she came to Alliance. BY THE COURT: And she was on the way to see her mother? BY MR. WELLINGTON: I was after she was here that she was arrested. BY THE COURT: have you ever been arrested before, Mrs. Ferris? A No, sir, this is the first time. Q To the information which the County Attorney filed against you, how do you plead, guilty or not guilty? -5- A Guilty. Q Do you know any reason why the court shouldn't tell you what the penalty is? What the judgement is on your plea of guilty? Do you know any other reason other then those which we have discussed why the court shouldn't tell you what the penalty is? A I don't know anything about it. WHERUPON SENTANCE WAS PRONOUNCED: Not more than three years and not less than one year in the Women's Reformatory at York, Nebraska, and pay the costs of prosecution. BY THE COURT: IT IS ORDERED That the report of this hearing be transcribed and filed in the office of the Clerk of the District Court of this county as a part of the record in this case and that the reporter's fee for transcribing the record be charged as a part of the costs herein. *************** C E R T I F I C A T E I, Lorraine Shoemaker, Official Court Reporter within and for the Sixteenth Judicial District of Nebraska, of which Dawes County is a port, do hereby certify that on the 3rd day of September, A. D. 1943, I reported in shorthand the Hearing on Plea in the matter of the State of Nebraska, Plaintiff -vs- Margaret Shoemeker Ferris, Defendant; that the forgoing is a true, correct and complete transcription of my shorthand notes taken at the time and the record of said hearing now in my possession. In Witness whereof I have hereunto set my hand this 4th day of September, A. D. 1943, at Alliance, Box Butte County, Nebraska. _______(s i g n a t u r e)_______________ Official Court Reporter Sixteenth Judicial District of Nebraska. -6- ___________________________________________________________________________ IN THE DISTRICT COURT OF DAWES COUNTY, NEBRASKA THE STATE OF NEBRASKA, ) ) PLAINTIFF, ) J O U R N A L E N T R Y VS. ) ) ) ) MARGARET SHOEMAKER FERRIS, ) ) DEFENDANT. ) Now in this 3rd day of September, 1943 this matter came on to be heard before the Hon.E.L.Meyer, sitting in Chambers in the City of Alliance, Nebraska, in the County Courthouse of Box Butte County, Nebraska, in the 16th Judicial District thereof, upon the complaint and information of R.R.Wellington, County Attorney of Dawes County Nebraska, who prosecutes in the name and by the authority of the State of Nebraska. Said County Attorney having advised the Court of the matter and having requested the appointment of counsel for the defendant the Court did forthwith appoint Charles A.Fisher, an attorney of good standind in the said County of Dawes, as counsel and said attorney having consulted with the said defendant and there being no objection said information is read to said defendant who appeared in person and with her said counsel. ( To the Clerk: Here copy information with all endorsements.) Thereupon the Court inquired if the said defendant was ready to enter her plea to said information and said defendant and her counsel answering in person and stating that said defendant was ready to enter her plea and said defendant thereupon entered a plea of guily to the charge of Grand arceny contained in said conplaint. The Court thereupon with consent of counsel made careful inquiry in the facts and circumstances in the connection with the crime and the defendant personally, and being fully advised finds that the said defendant is of legal age, a resident of O'Neill in Holt County, Nebraska, that she is guilty as charged of grand larceny and has been duly convicted of said crime. The defendant is then asked if she has any reason to offer why judgement of the Court should not be now pronounced against her and said defendant and her counsel offering no reason to the contrary; It is therefor the judgement of the Court that the defendant Margaret Shoemaker Ferris, be taken with all convenient speed xxx by the sheriff and matron of Dawes County,Nebraska, to the Woman's State Reformatory located at or near YHork, Nebraska, and that she be there confined, Sundays and holidays excepted, at hard labor for not more than three years and not less than one year, and that she pay the costs of this prosecution taxed in the sum of $_77.55____, which sum includes the sum of $50.00 for attorney's fees for said defendant, which aattorney's fees are to be paid said attorney by Dawes County, Nebraska. By the Court, ______(signature)_________ District Judge. ___________________________________________________________________________ COMPLAINT- IN FRED A. HOOD JUSTICE COURT OF SAID COUNTY Before Hon. Fred A. Hood, Justice of the Peace. THE STATE OF NEBRASKA, Plaintiff vs Complaint Margaret Shoemeker Ferris, Defendant For GRAND LARCENY The State of Nebraska, County of Dawes, SS: The complaint and information of R, R. Welling County Attorney of Dawes County aforesaid, xxxxx made in the name of the State of Nebraska, before me, the undersigned Magistrate, within and for said County of Dawes, State of Nebraska, this 24th day of August, A. D. 1943, who being duly sworn, on oath says that Margaret Shoemaker Ferris, on or about the 12th day of July, A. D. 1943, in the county of Dawes, and State of Nebraska, then and there being, did then and there wilfully, unlawfully and feloniously, steal take and carry away certain personal propery, to-wit: three ladies dresses, three slips, material for three operator's uniforms, one night gown, one pair of pyjamas, pair of gloves, one Hamilton Watch, and many other mescelaneous item of wearing appearal and person property, the personal property of one Amelia Wilson, without the consent of her the said Amelia Wilson, and against her will, contrary to the form of the Statutes in such cases made and provided, and against the peace and dignity of the State of Nebraska. (Signed) R. R. Wellington. Signed in my presence and sworn to before me this 24th day of August, A. D. 1943. (S igned) Fred A. Hood, (Filed August 24, 1943.) Justice of the Peace. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WARRANT. IN FRED A. hOOD JUSTICE COURT OF SAID COUNTY Before Hon. Fred A. Hood, Justice of the Peace. The State of Nebraska, Plaintiff Warrant Vs Margaret Shoemeker Ferris, Defendant for GRAND LARCENY The State of Nebraska, County of Dawes, SS: To the Sheriff, or any Constable of said County, Greeting: Whereas, there has been filed with the undersigned Magistrate, in writing, the complaint and information of R. R. Wellington, County Attorney of Dawes County, aforesaid, made in the name of the State of Nebraska, before me, the undersigned Magistrate, within and for said County of Dawes, State of Nebraska, this 24th day of August, A. D. 1943, who being duly sworn, on oath says that Margaret Shoemaker Ferris, on or about the 12th day of July, A. D. 1943, in the County of Dawes, and State of Nebraska, then and there being, did then and xxx there wilfully, unlaw- fully and feloniously, steal take and carry away certain personal property, to-wit: three ladies dresses, three slips, material for three operator's uniforms, one night gown, one pair of pyjamas, pair of gloves, one Hamilton watch and many other miscel- aneous items of wearing appearal and personal property, the personal property of one Amelia Wilson, without the consent of her the said Amelia Wilson, and against her will, contrary to the form of the Statues in such cases made and provided, and against the peace and dignity of the State of Nebraska. These are, therefore, to comand you forthwith to take the said above named defendant, if he is found in your county, or if he shall have fled, that you pursue after the said defendant into any other county within the state, and take and safely keep the said defendant so that you bring his body forthwith before me or some other magistrate having cognizance of the case of said offense so comm itted, to x answer said complaint and be further dealt with acording to law. Given under my hand on this 24th day of August, A. D. 1943. (Signed) Fred A. Hood, Justice of the Peace. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - August 24, 1943. Warrant returned and filed, endorsed: The State of Nebraska, County of Dawes, SS: Received the xxxx warrant on the 24th day of August, A. D. 1943, and pursuant to the command thereof I have arrested the with in named Margaret Shoemaker Ferris, and now hve his body before the Court. ___________________________________________________________________________ Dated this 24th day of August, A. D. 1943. C. W. Spearman, Sheriff Fees: Arrest 1.00 by Edson D. Harrison, Deputy. Attendance 1.00 Mileage 100 8 00 ------ Total 10.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IN JUSTICE COURT IN AND FOR DAWES COUNTY, NEBRASKA BEFORE Fred A. Hood, Justice of the Peace. THE STATE OF NEBRASKA, PLAINTIFF Case No. 394, Docket Page 401 VS MARGARET SHOEMAKER FERRIS, DEFENDANT Docket Entry. Now on this 24th day of August, 1943, the said defendant being brought into court, the complain herein was read to her and admitted by her to be correct, upon consideration whereof I find that the offense set out in the said complaint has been committed, and that there is probable cause to believe that said defendant, Margaret Shoemaker Ferris, is guilty of the same. It is therefore ordered that said defendant, Margaret Shoemaker Ferris, be held for trial to the District Court of said County, at the next term thereof. Bail for ther appearance fixed at $500.00. Defendant having xxxxxxx neglected to give bail, issued mittimus for her confinement in the County Jail, and delivered same to C. W. Spearman, Sheriff and keeper of the common jail of the said county. (Signed) Fred A. Hood, Justice of the Peace in and for Dawes County, Nebraska. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MITTIMUS THAT STATE OF NEBRASKA, DAWES COUNTY, SS: To C. W. Spearman, Sheriff, keeper of the Jail of the county aforesaid: You are hereby commanded to receive into the jail ofDawes County, Margaret Shoemaker Ferris, and keep her safely until discharged by due process of law, she having been held by me, as an examing magistrate, for trial to the District Court in and for said Dawes Countym on the charge of GRAND LARCENY, alleged to have been committed by her on the 12th day of July, 1943, in said County of Dawes, having first inquired into the truth and probability of said charge exhibited against her, and allowed to give bail in the sum of $500.00 for defalt of which she is committed to jail. Given under myhand this 24th day of August, 1943. (Signed) Fred A. Hood, Justice of the Peace in and for Dawes County, Mebraska. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - August 24, 1943. I hereby certify that the abouve and foregoing in a true transscript of the documents on file in my court in said case. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Justice of the Peace in and for Dawes County, Nebraska. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -