New-York daily tribune., 1856-03-15
LAW FOR HIGH AND Low.

LAW FOR HIGH AND Low.
We pretend to an equal administration oijuNiee'
but facts often contradict the pretense. Oar read
ers will remember that an ex-Jadge OF this cry
not long since declared in open court in the course
of an argument, that il would never do TO send
gentleman TO prison'-and this view of duty seems
70 hive prevailed in the Court of Sessions on Tues
day last On that day two offenders presented
themselves at the bar to plead guilty to the crimes
of which they wereaccused. One was John ketch
ell, who had committed burglary in the third de.
gree. John being, as it appears, member oil the
less elegant and wealthy portion OF the world was
sentenced to the State Prison for two years and SIX
months. The other of these culprits was Henry
A. Du Bois Of New Haven, Conn, man appar-
emily Of riches and standing. His ofense was
brutal assault and battery on Mr. Edward ;. Gould
Of this city. In passing sentence, Mr. Recorder
Smith declared that it was an aggravated assault,
and "that if the fine were higher he should have
imposed it," and yet, while thus regretting his In
ability 10 punish more severely, he merely SEN
fenced Mr.. Du Bois to pay tine OF two hundred
and fitr dollars, quite ignoring the fact that the
law also authorized him to send the criminal TO
iail. John Ketchell is immured, but Henry Du
Bos, who is able to pay his two hundred end fifty
dollars on the spot is allowed to go free, though OF
the two. John would seem the less deserving OF
punishment 1T will never do to send gentle
man 10 prison." That is something exclusively
set apart for the lower classes.
Struck by this apparent detection in justice, we
have made inquiries as to the case OF Gould and
Du Bois and learn from the Cffce of the District
Attorney that its history is as follows In March,
1e55, Mr. Gould was, on entering his own parlor,
surprised and assaulted by Mr.. Du Bois. Mr. Gould
was struck on the back of his head and knocked to
the floor; and while he lay stunned, was beaten
with cowskin, applied only to his head and face.
An indictment was obtained from the Grand Jury
in April last. In June Du BOis surrendered him.
self and pleaded guilty, at the Special Sessions,
before the Recorder. Affidavits were put In, IN
mitigation of punishment; counter afiidavits were
nut in by the complainant and on the Sd of July
the defendant was called up for sentence. lie ap-
peared by counsel before the Recorder, and asked
permission to withdraw his plea of guilty, which
was granted Subsequent delays the District
Attorney must be answerable for; but at length III
January, 1856, the case was ordered on by Judge
Capron. The defendant failed to appear; his re-
cocnizances were forfeited, and bench warrant
was issued for his arrest. Finally, the llth of
March, he again comes before the Recorder, again
pleads guilty. and is fined two hundred and fifty
dollars.
Here, then, is gentleman, who deliberately
plans personal assault on an unarmed man, beats
him in the most brutal manner; and what is the
penalty! Two hundred and fifty dollars. This
criminal, unlike many in humber life, acted
under TO pressure of want, under no cover OF
ignorance. He commits this crime, well knowing
that the law provides an adequate retributicn,
namely: at the discretion of the Court, not more
than one year in the Pententary. But though
his ofense rendered him liable to this punishment,
AID though the Recorder professed to regret his
inability to levy a severer fine, he escaped the
infiction which lie so well deserved, because it
"wil never do to send gentleman to prison"
What may have been the prOyocation OF this as
sault it does not concern us to inquire Enough,
that it was not sudden, but premedtated; and that
BY pleading guilty, the defendant showed that
there was nothing in its antecedents which he could
bring forward in his own defense. We comment
upon the subject, not to call Mr. Du Bois to ac-
count, but the Recorders and to protest against
his unequal distribution of justice to the repre-
sentatives of the two extremes of society