New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-11-18
THE SENTENCE OLE EMERSON.

There Is something highly refreshing about Recorder
smyth's way OF sentencing criminals. In these
desperate days when political influence IS so power
full for the defeat of justice and so constantly used
for that deliberate purpose the spectacle OF tall
large framed, heavily built, athletic, quick witted
old gentleman. who doesn't care picayune two
penny hang for anybody on earth, who can neither
be used nor abused, who knows HIS duties and his
powers and who discharges the and exercises
the other in the light only Of his conscience-this
spectacle is refreshing. 1t IS encouraging. And 10
must be acknowledged that we have refreshing and
encouraging spectacles in connection with the city
government to spare. We should cherish those we
have.
Emerson the pollcy-shop keeper, in whose place
Bcden spent a large part of the proceeds Of his
forgeries was called to the bar Of the Recorders
court for sentence. The usual motions for a new
trial and for stay of proceedings wero made in his
behalf by his counsel, Mr.. Howe The Court promptly
denied tho motions, whercat Mr.. Howe was doubt
less more disguised that disappointed Then the
lawyer made clever appeal for a mercifnl sentence
He said that Emerson was good father and good
husband lie failed 10 quote IN this relation those
pertinent and telling lines Of Mr. Gilbert;
When the enterprisng burglar isn't bureling,
Isn't bmgllng.
When the cutthroat isn't occupied in cLlme,
He loves to hear the nttle brook agurgllng,
Brook gurgling,
And to listen to the merry village chime,
Village chime.
Buck Fanshaw's fearful friend made a similar
point in answering the clergyman whose services he
desired TO enlist for Bucks funeral that whatever
might be said AGAINST Buck as murderer or train
robber he was at least free from the imputaton Of
having shook his mothcr7 This sort Of plea
reminds mo Of an occasion when was complaining
10 an apparently rational man Of certain political
scoundrcl who had been convicted Of bribery. Yes,
said my friend d" suppose he ddn't do right, but
lie Is a good man and he gave 900 to the missionary
cause I'm our church last Sunday
Mr. Howe further urged upon tie Courts attention
that although there had been many convictions for
pollcy-shop- keeping IN tho General Sessions, the
maximum sentence therefore imposed was thirty days
with that he let the drop, and the Recorder
began to speak In blunt phrases he went directly
at the cravamen Of Emerson's offence. You must
have known that this sounded. Bedell,1 he said.
could not honestly be IN possession of the money he
was gambling away in your place don't suppose
you are a bad at heart, and you were not con
victed OF general dopravlty. You were convicted
Of selling lottery policies upon evidence showing
hat you were receiving money which you must have
known 10 be the proceeds of crime 1t is something
that you did not go the witness stand and add
reriury 10 your other offences. | might sentence
YOU to two years In State Prison and 81 900. But
| Will be n.erciful-as merciful l The sentence
Is that YOU be confined I'm the penitentiary for one
year and that you pay I'll 900 fnc.'
This was fair sentence, and IT was imposed IN a
way that tends to discourage crime which ought to
be one Of the chief objects OF a criminal court.