The Saratogian (Saratoga, NY) - - COMMUNITY - — Kevin Gil­bert

Fri­day, Feb. 15, 1918. Pearl Mar­cel­lus is sen­tenced to a min­i­mum of 50 months in Auburn state pri­son for the Novem­ber 1 killing of John Foles in Rock City Falls, The Sarato­gian re­ports.

The 17 year old Mar­cel­lus was con­victed yes­ter­day of sec­ond-de­gree man­slaugh­ter. She shot Foles af­ter the ag­gres­sive suitor broke into her home and re­fused to leave. The case at­tracted scan­dal­ized at­ten­tion be­cause of the de­praved in­dif­fer­ence ap­par­ently shown by Mar­cel­lus and her friend Mar­garet Seelye, who left for a double date with­out no­ti­fy­ing any­one of the shoot­ing, though Mar­cel­lus took the time to change into a dress un­stained by blood.

The clos­est thing Mar­cel­lus showed to emo­tion dur­ing the trial was when she ap­peared “smil­ingly un­con­cerned” about the pro­ceed­ings. A re­porter in the Ballston Spa court­room notes that “She showed no more emo­tion when she was sen­tenced than she did dur­ing the short trial.”

De­fense at­tor­ney Clarence B. Kilmer asks that Mar­cel­lus be sent to the Albion re­form school for women in­stead of pri­son, but dis­trict at­tor­ney Charles B. An­drus re­torts that Albion “presents worse con­di­tions than a state pri­son.” Judge Lawrence B. McKelvey sen­tences her to “not less than four years and two months and not more than seven years and four months” at Auburn.

Also sen­tenced to­day is for­mer Me­chan­icville po­lice­man Den­nis Nolan, who was con­victed of man­slaugh­ter last Tues­day for the April 7 killing of Michael Hag­gerty dur­ing a scuf­fle on the Te­nen­daho Creek bridge. The men had got­ten into an ar­gu­ment over the world war one day af­ter the U.S. de­clared war on Ger­many, with Nolan call­ing Hag­gerty a Ger­man spy.

De­fense at­tor­ney Wil­liam T. Moore presents a pe­ti­tion from 1,560 Me­chan­icville res­i­dents ask­ing that McKelvey sus­pend Nolan’s sen­tence. “Nolan had al­ways been a good cit­i­zen ex­cept when he was drink­ing,” Moore says, “and he had not taken a drop of liquor since the crime.” Nolan’s fight with Hag­gerty started at Jeremiah Lynch’s saloon.

An­drus tells the court that “not even fif­teen res­i­dents of Me­chan­icville would have signed their names to the pe­ti­tion had it not been for Nolan’s wife and chil­dren.” McKelvey thinks it over for half an hour be­fore sen­tenc­ing Nolan a min­i­mum of 3.5 years and a max­i­mum of ten years, four months in the Clin­ton pen­i­ten­tiary in Dan­nemora.

What’s Hap­pen­ing

The Frankoni Girls and their “Stud­ies in Art” head­line the live vaude­ville bill at the Broad­way The­atre this week­end, while Harold Lockwood stars in the Metro pic­ture, “The Aveng­ing Trail.”

Arthur Ash­ley stars in “The Mar­riage Mar­ket” at the Palace, while the Lyric of­fers a double fea­ture of “The An­gel Fac­tory” and “The Hid­den Hand.”

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