Max Mason. Case No. 6785. Sentence Record. August 1921.

STATE OF MINNESOTA IN DISTRICT COURT

County of St. Louis 11^th 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 27^th 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 25^th 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)

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(5)