New-York tribune., 1868-03-21
DECISION OF THE DFvLIN CASE.

In the United States Circuit Court, Brooklyn,
before Judge Benedict John Devlnl VINO had 4eeh con
business contrary to the laws OF the United States OF sell
ing whisky without license, and OF removing spirits 10
other places than those designated by law was brought
up for sentence. Assistant Distuct-AuOrney John j.
Allen moved sentence In the case and proceeded to
that the first count in the Indictment brought under
the seyenythird section OF the act OF June 3O 1857 as
amended by the act Of July 1866, which provided that
any person who should engage in any business prOes
sion for which special tax was provided by law Will
out paying special subject TO imprisonment not
exceeding two years and fine Of $500, both. The
second founded upon the seventythir section
section. which provided that any person who should
carry on any business for which license was provided
without procuring such license, should be liable 10 Two
years Imprisonment and fine OF $500 The third count,
July 1906 which provided that every recticr should
enter in book kept for that purpose the number Of
this the offender liable to be imprisoned for
year and fined $500. Deyln was then
the Court as 10 whether he had anything 10 say
2hy the sO@l4 not bo pronounced
upon him. replied IA the negative. Judge Benedict then
proceeded TO sentence saying The Oenses charged
against you not trivial in their character The words
of the statute creating them indicate intention on the
part Of the lawmakers that they should not be considered
trivial They punishable the first one by two years
imprisonment fine Of 500; the second by an i'm
pTSOnment OF two and ne OF $500 the thrd, I'M
prsODment for six months and fine or $500; making in
all five years Imprisonment and 81 500 fine. The Govern
ment has fixed that penalty proper punishment for
those ofenses. The punishment shows mat tley
are not trivial You have been found guilty
OF committing all these ofenses and the con
victiOn in the Judgment OF the Court Is correct
1 have listened 10 tne statement OF counsel IN your
behalf aud have examined the afidaylts presented.
Looking, then at the Oenscs OF which you nave been
found guilty nd them grave in character as Indicated
IN the statute and attended with few Mitigating crcun
stances You an Intelligent man. acquainted with
the law the rules OF the business You at time
had assistant assessor understand, and II Is
impossible TO suppose that you desired 10 comply with
tho law could not have done So Your failure 20
comply with the law is not due to the neglect OF any
official Punishment for other O1eDses than TINS forms 10
part OF the intent Of the Court the present OCCASION
II t did the extreme penalty OF the statute would be
small punishment; but the other Onenses which nave
indicated by this trial have come IN Incidentally
but they not proven and form no part OF the punish
ment 10 DO inflicted upon you When these Ofenses are
proven they will receive proper punishment, aud not
before. dnd that you have committed tnese Onenses
deliberately by your conduct sought 10 bring into
contempt law OF the United states You could have
40 desired and you could have kept books which the
law makes necessity for all dealers notice III the AM
day that the books kept The time TO have shown
that the trial conceive no reason why the
books not produced al the trial. as their production
would have tended 70 have shown you innocent.
However that may be, IL Is true that you have
shown q disregard for the law. Tie letter writ
ten by your own hand shows your disregard
for the law, and THAT you thought the law
could not be enforced. intend to infct punishment
these Ofenses IL will be warning to others IN the COM
munity that the oense may not be repeated aud that
you and the community may know that man dis
regard this law and escape punishment do not how
intend to accumulate penalties upon you trusting
that the nhicOn OF the highest penalty prescribed by
any OF these sections viii be sufficient punishment
for the Ohense in question The sentence OF the Court
therefore Is that you be fined $500 aud imprisoned for
two years the sentence 10 be executed I'm Albany Peni
tentary" Devlin therupOn remanded Into the Gus
tody OF the Marshal, and will be removed 70 Albany
forthwith The prisoner on receiving sentence appeared
sgTn