Resisting Arrest

Resisting Arrest

Herbert Cochran, found guilty of burglary yesterday at Fairmont, was sentenced yesterday evening by Judge Stubbs to nine years at hard labor in the state penitentiary. After hearing the sentence Cochran cursed the judge and the attorney in the case and resisted the sheriff but was thrown down and manacled.

When Sheriff Dinen went to the jail this morning to prepare his prisoners for the trip to the penitentiary he found that Herb Cochran had torn his clothing into shreds and would not put on any other clothes. The sheriff forced him into a shirt, overalls and a mackintosh and forced him into a hack and drove to the train.

The Nebraska State Journal (Lincoln, Nebraska), March 7, 1900

Herb Cochran, alias H.C. Smith, was not a happy camper when his mugshot was forcibly taken in Omaha, Nebraska. Five years earlier, in 1895, he went on the lam after boldly cutting through the roof of the jail in Geneva, Nebraska. After such a long period of freedom, it was a terrible thing to have to return to jail.

Sheriff Ogg got word from the Omaha Police on Friday, November 24, 1899, that they had arrested Herb. Ogg traveled to the big city and took charge of the prisoner. He brought him back to Geneva, 130 miles southwest of Omaha, to face the charge of breaking and entering a store in his hometown.

Fillmore County courthouse

Postcard from the Fillmore County NEGenWeb Site

A troubled youth, Herb ran away from his home in the small village of Fairmont, Nebraska, when he was just a young teen. Then came his arrest for breaking and entering a few years later. He didn’t hold back from displaying his anger towards authorities in the courtroom during his trial. That, along with the notoriety he’d received for breaking out of jail and avoiding recapture for years, attracted large crowds. Every day during his trial, the Fillmore County Court House was full to capacity.

His lawyer tried to sell the argument that Herb was in the town of Table Rock on the night of the crime, but the jury wasn’t buying it. He was found guilty and the judge sentenced him to the state penitentiary on March 6, 1900.

East cell block Nebraska State pen

East Cell Block of the Nebraska State Penitentiary. Nebraska State Government website.

Nine years is a long sentence, but Herb had not been a cooperative prisoner.

Featured photo: Herbert Cochran’s 1899 carte de visite mugshot. Collection of the Nebraska State Historical Society.