The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-10
or INTEREST 10 LAWYERS,
Novel Questions Raised IN the Case OF =
Mas Twice Sentenced for burglary.

HUDSON, N. V May "a legal question
which will be Of interest to every lawyer in New
York State, has Just arisen here. On tho night
OF March 1, 1885, the stove works OF Zebuel &
Hunt Van Wycks coal office. and the store Of
one Benedict in this city were entered By burg
lars. That same night Smash" Race and
Charles Haight were seen drawing something
In bag on hand sled through the streets.
Thoy were followed by Policeman Cooney to
the junk store OF Maggie Cinnamon. whore he
found that the bag contained scrap copper and
faucets. The men escaped. In about two
weeks Haight was apprehended, and later In
dicted for burglary. He retained as counsel
ex-Assem byman q. D. b. Hasbrouck. the pres
ent Corporation Council OF tho city Of Kings
ton. The indictment upon which HalEht was
first tried was for breaking into and entering
tho stove works. His associate In crime turned
States evidence and was sentenced to five
years. imprisonment HAight's previous ca
reer was such as to lead the local authorities
to suspect that he was professional crook.
The District Attorney OF Columbia county says
that the family OF which he Ia member has
made more work for the criminal authorities
OF the county than any other persons within
Counsellor Hashrouck demurred to the In
diotment upon which the trial was had. on the
ground that the allegation OF breaking and en-
breaking and entering OF a building. Judge
Mcclellan who presided at the trial. overruled
advice OF counsel i he Waived formaiities, and
was sentenced Immediately to four years i'm
prisonment. The next indictment for entering
the store OF Benedict, was then moved. and an
agreement entered into between the Court.
District Attorney. and prisoners counsel, by
ment, he was 10 receive Q sentence OF two and
a half wears and the third indictment was
A year after the sentence was imposed Mr..
Hasbrouck appealed from the Judgment to the
General Term which last September handed
down unanimous opinion sustaining the de-
murrer. reversing the Judgment Of conviction.
and ordering the, discharge of the. prisoner.
oner be allowed the ordinary rebate for good
behavior. will expire on June %. Counsel for
fhs now nS ne is 19
at Dannemora, where he has been confined.
Novel questions are thus raised in criminal
Sentenced upon Two conyictiSns. and he iirs t
mence2 And ought not the prisoner to have
the benefit OF time served upon an unlawful
Iahoe the 81
such Importance that he asked Attorney Cen
eral Tabor for his opinion. which he has rem
First-That by the imposition OF tho fret
sentence term Of imprisonment was created.
or being set aside In some legal manner. and
that therefore. the second sentence went into
OBJECT , upon the reversal O Of the e, first
thority In this State clearly enuncatipg the
principle above set forth, but in other States
the principle has been recognized. II
It is elaine that this rule works an injustice
to the prisoner. Or that It is harsh. the Gov
BY Communication or pardon"
There is q vast difference Of opinion among
leading lawyers regarding tho construction OF
the law bearing on this case. It Is novel and
original. Counsellor Hasbrouck contends that
there was no authority in law, where the first
sentence had already been imposed. for the
making OF the second to begin at It's termina-
tion; such rule ae that, he says. only applies
sentence In either; that the prisoner has sub
mitted to the punishment inflicted by the judy
The case will be presented to tho courts.
through an application for Q writ Of habeas
corpus IN HaiGht's behalf for the purpose Of
securing his discharge.