, 1881-12-25

pt'~ef subsequently to enfnrce II, ana thai a
suspenslnn WIS therefore equivalent to q par
number nf th da called on the greater
s'anoinR o1 fhe law was on this point- s....s
.,...~: JUDGE GARDNER; :s.:.s ! ~; ~
SAID ne mad no doubt but thnt Judge, If he bad
once suspended sentences against u prisoner on
condiron be would reiornl, couid Subsequently,
take control OF the case anu pruceed To- Sentence
-. JUDGE ROGERS s:>:.: -: 49,. :,e
Was also rery emphatic on the subject he said
have ii, anb he. fOr one Hnould exercise ii ,iuti
sh''wn be WIS wrnn%.,G fle had hpyrAver, heard
lnere wns et,nit: doubt On the subject and hud.
"uen ne was oH the criminal bench the sast time
about: eighteen months u4o-i1luuyurufpd n
new pian: of allowing a prisoner hei.re trial
so - e. on MS hls own rec1gn!znnce when case was
Mahe " men w1iJ have, entitled him to s,ls-~
pension OF sentence Attor yerdics rendered. Dy-
TINS means tht indictment was left banging over
1,de pe'ser s, ;n ano be could Ls arrested 1t xay
not DC successfully raised. - 8; g. !.
- " =. -. y: JUICE GARY .s:': = ~
Wns In great Doubt as To the matter Hc cnn-
slacred when tic suspended sentences he RI rner
usurpea nnotns,s prer.El,tivc. but bud ts,!Euwed
mo prnclloe estnbIisncd here. 1n"uue cast aev-
elal ye"ss ago he nad sentenced tnna nanlel
oehnephe 10 pr'snn nfter sentence had been sls-
peM'gd by Judge Wilkins. E: j: 81 = :.
,lndge Williamson bud uot tussk ed into the rnat-
Ter. but bud doubts Us Iii big ps,wer to suspend
sentences Or to carry them out when suspended.
r" t..;.:. !, ~ JUDGE lsARNUM. - i. s;-..:=.>s ;
had not examined the question, but vas tnc,iued
TO lean on Judge McAlllsser who had expressed
a1niself ~ very pr'not1nctd way the inntter
Junue Anthony, when iuterrogured, Instantly
recalled the criticisms his conduct iEs the F.4u-
cane case last summer occAsiontd, ana pereu,p-
tor!'y; declined to be interviewed: " .1.,.sx-7 -:
II Seems from the general agreement of the
Judges anu Somewhat husty examination ut
AZ tue ieudtn9 bucks on criminal luw that
there are.
NO DECISIONS DIRECTLY sAscrlos1se Z
any such practice of suspendng sentences.
There ARE two grounds IN which it might pms
albly be based-Erst, the very large Discretion
vested in 4 Judge OF deciding the amount uf
punishment tu be inflicted in my c,lse; un seo-
ondiy, the we'll recognized and somewhat, ail--<
nltguus prmcsice Of HrMntiDg rcspits Or re-
prseves tn capital cases. But ns TO the tormor,
the jury In illinois likes the punishment, thus
leaF.nK to the Judge oniy the pnwer, It would
scem Ut formufty pronouncing the sen
tence, the character and extent of which
we're: !; already determined. !. In II regard
to the latter, the right to respit US
well III 10 pardon belong properly aud cx-
otusivety In the Executive Of the State, and is
oDly used in exceptional cnses.t The ,vtry word
denotes. atd the practice agrees, thnt tho sen-
tence ~ only suspended ult:l BONE event which
ecutton Of the sentence vii! fuiluw. Fur In
stmnce, Il respit was granted until womap
who was with child wus delivered, or until II
prisoner. convicted On Il technicaiity, could haye
time t0 apply to the sstyerelgn Tor q p1riun: and
1t Seems probable thAt On this slender hiss the
present too Common practice of suspendiug sem
tcucc8 rests. -: