The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-12-30
SEVERE PENALTIES INFLICTED.

Judge Falligant Believes in Letting
the Punishment Fit the Crime.
'Do extreme penalties for violation of
law tend to restrict crime9' is question
being discussed by some of the younger
members of the bar who have been assigned
to defend hopeless cases at the present term
of the superior court, and in which Judge
Falligant, after conviction Of the law
breakers has not hesitated to fix maximum
terms III the penite ltiary for the guilty.
One of the younger members of the bar
| argues that juries may, after noting the
heavy sentences, be less likely to convict in
| the future in some cases, fearing severe SEN
tences. This view is shared by only few
of the members Of the bar.
The general view appears to be
that the jury has only the guilt or innocence
of the prisoners to deal with, and their
| sworn duty ends there, except that they
may, for some reasons developing upon the
trial, recommend to mercy. The court, in
its discretion, may be guided by the recon-
mendation to mercy or not. The penalty is
held to be beyond the province of fines.
Judge Falligant's position since he has
been on the bench is to send those guilty of
felonies where they belong. and. In ma
jority of cases, for as long term as the
statute provides. This is done, not only as
a penalty attached to tae crime, but as
step looking to the reformation of the pris-
oner.
The arresting officers, and detectives
especially, carefully note the time the
burglar and the thief will come out of the
penitentiary, and they have in nearly every
instance been easily followed in lines of
petty theft in their boyhood. gambling on
the street, crap shooting in notorious dens
aud dives, and have gone from barracks to
Jail, from Jail TO chain-gang. and from
chain-gang to the psnitentiary. On their
return from the penitentiary they are
closely watched, and the peculiarly of the
theft or the burglary to the skilled de-
tective is nearly always such as to enable
tae officer to put his hands on the right man
at once.
Many Of the worst crimes committed in
this city have been by those who have done
time ia the penitentiary, and the crimes
include all those in the calendar from muir
der, as in the case Of Albert Morea, who
cruelty murdered his wife only a few weeks
after his discharge from the penitentiary,
where he had served term for burglary
and larceny, down to the lesser crimes.
1t is a knowledge of these recurrent
crimes by those fresh from the state camps
that doubtless leads the present judge of
the superior court to deal out justice with
an iron hand when criminals are convicted
penalty for outraged law.
In an interview with a MORNING NEWS
reporter Judge Falligant said that while
he NAV be wrong, and he emphasized the
may" he believes that those who are
found clearly guilty of felonies should bs
punished severely, not only for its deterrent
effect upon others and its merited punish
ment for the willful lawbreaker, but the
community is safer and better without
them, and the longer the to- m the greater
the safety and security to those who obey
the laws. It is not likely that the criminal
classes viii have any reason in the future to
expect the court to look lightly upon their
crimes, and if thev persist in their viola
tions of law they must be prepared for swift
and effective punishment.
Referring to the argument that juries
will be less likely to convict where long SEN
fences are imposed, Judge Falligant does
not think there is any danger to be appre-
hendsd in that direction; on the contrary,