New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-08
as the Judge seemed to grow weak, at dunno. FL

as tho Judge seemed to grow weak, at dunno # I
had any interest,"
"That's hardly the question We should respond
10 these social obligations whether personally
cerned In a given not, because II Is duty
to the community and the State In return for the
protection afforded each OF in own affairs.
The case in which you summoned . witness
is set down for Monday Can't you promise TO be
with us thenl"
NO. growled the fellow, al won't make no
/ promises. III come eff kin an won't ef can't"
"oHicer!' snapped the Recorder, quickly, /" take
that fellow TO tho Tombs and keep him there until
Monday
II ever a human face looked queer It that
scared and dazed creatures. He didn't utter pro-
test He was led out as meek as kitten and seemed
TO be in dream. But the next morning officer
told the Recorder that he had been yelling Fire -
Murder I" and Thieves |" al night and that he
then pleading like a baby to be released The Re
corer sent for him and again asked If he thought he
could promise to be present Monday. Yes, he
thought he could.
With what TO DO considered purely legal
| sophistrles the Recorder wastes neither time nor
patience. His mind is direct rather than subtle: his
object is justice, not the vndlcatlon of technique
His very compliance with the requests Of lawyers has
sometimes operated more 10 their disadvantage than
his refusal would have done. There IS law that
defendants in criminal may IL they choose take
the witness stand In their behalf but their neglect
dsinclination to avail themselves Of this privilege
is not TO be held to their prejudice by the jury 1t is
said that upon one occasion just as jlry about
TO retire. the prisoners counsel popped up and asked
the Recorder to- charge this principle The
clearly guilty the court evidently felt annoyed at
| the request.
49, yes he said, al charge IT, There's no law to
/ prevent from keeping his mouth shut II he
wants to-"
The foreman of the Jury stopped, glanced at the
Recorder, and then whispered with his fellow jurors
" Our verdict is guilty, your Honorl" he said.
All that is told and much too, fancy, concern
ing Recorder Smyh's sternness, reentlessness, utter
disregard of those conditions that often affect fra
mans judgment, is probably the literal truth, and II
there is edfying spectacle the face Of this selfish
EARTH it is that presented by judicial officer who Is
both able TO perceive and fearless to do his duty.
This involves many virtues and the Recorder pos
sesses them No would claim for him profundty
Of intellect great learning, that culture which
becomes exalted men, The dignity he holds is an
ancient one for his is the oldest of municipal trusts,
and was in existence before James H. handed down
the Dongan Grant The great Chancellor Kent, whose
textbooks are the law-students gospel, held It in
1896, when IL then a century old. Pierre Van
Wyck, Richard Riker Samuel Jones and ex- Governor
Hoffman have each presided over this ancient court.
These were, perhaps, greater men than Frederick
Smyth, and yet II is question II they did more good
for their day than he is doing for his in holding back
the fastgrowing tide Of crime For his methods are
reformative well punitive. A young
before him. OF gang Of criminals led TO the
bar to plead. He did not look like knave.
what are you here for77 asked the court.
Il am charged with grand larceny sr,7 he said,
" and Pm guilty"
"Do you know the consequences of what you sayl
Have you counsel?'
"No, sir I don't want lawyer 1 took tho
money and will take my punishment
"Wha; is your name7"
He hesitated. +" 1 am indicted under false
I've brought disgrace my family aud won't tell
my name
Look here, my boy,7 said the Recorder, II don't
| want TO send you TO prison. Tell me he names Of
| some of your friends Write them down paper and
! III send for them and what do for you"
For an instant his face frightened, but the flush
died quickly away "No, sir, - can't can't
bear this much longer Let mo 20 10 jail
The Judge was satisfied that many mitigating cir
cunsances existed in the of this shamc-burdoned
young man. and instead of sentencing him. he sent him
| back 10 the TOmbs A day or two afterward two well
known and wealthy men called on him. They had
formerly employed the boy He had served them
faithfully had been bright and honest He had col
ected some money day and had friend who
persuaded him TO go to CIney Island. He went, and
though unused to whiskey had got drunk What became
/
broke him down. Recorder Smyth sent for him and
gave him a fatherly talk Then he arraigned him IN
court and suspended sentence. And among the
Recorders treasures is a letter from tho young man.
now a purser on a great ocean steamship, handling
thousands and often millions in money and values
"a letter full Of thanks and praises.
This is one of many cases in which he has ex-
ecsed his discretion TO the of young men and
young women who heedlcSsly rather than wckedy
took their first step in crime. One serious defect in
the public equipment for harbOrlng conclcts greatly
disurbs him and he talks about It constantly II is
well worth the publc's consideration. II stands in
the way Of great work of moral reform that might
otherwise be accomplished II is the absence in this
State of any reformatory for young women. There
two such institutions for young men, who except
for the fact that the number of male convics greatly
exceeds the number of females, stand far less need
of such asylum. To these institutions Judge can
send any young man between fifteen and sixteen, who
Is convicted Of a first offence and in whom the germs
OF honest nature can be detected They remain
in tho discretion Of The keeper for term not TO exceed
the maximum term to which they might have been
sentenced II they improve in moral tone and earn
their liberty by good behavior, they released on
ticket ofleave, upon which they be recaptured
should they Violate its conditions The work done in
these reformatones has been excellent even beyond
the hopes Of their founders.
But such institution exists for girls, and in them
the moral fibre is vastly delicate than in the
stronger SEX They can only be sent to the penitcn-
tlsries No matter who they what the degree
OF their guilt matter how M ch how little hope
may exist Of their recovery from error; no matter
what their age cond ton previous Characteristic
the horrd prison they must all be dumped shorn Of
their hair; clad in the odiOus livery of sin subjected
to all that make them forget decency, that
rob them OF whatever yet remain of selfrespect
and of hope there they are all huddled, grisy hays,
brazen and thieves, ready with their allure