Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1890-04-10
SENTENCE PASSED
And Clarence J. Toot Goes 70
Ionia for One Year.
FULL RESTITUTION Has BEES MADE
The IahsPPs bey Preserves HIS Ssl@
During the charge but ESsnta@lly
BREAKS Dosa- Coed Sondact
Viii Reduce His Time

Clarence j. loot was brought before
the bar OF the superior court yesterday
and was sentenced 10 the state House
Of Correction al Iona for one year.
lis friends have made entire restltu-
ton for all money taken and neither
the United States Express Company or
his bondsman, the American Surety
Company, have sustained any loss by
his foolish act. The conduct Of loot
can not be too highly commended, re-
turning as be has in manly way 10
make what restitution he can and pay
the penalty of his crime. Prosecuting
Attorney Stuart recommended that the
smallest possible punishment consistent
with the crime be imposed upon him.
His counsel, Mr.. Tateum, made an
eloquent plea for the mercy Of the
court. loot then advanced to the bar
of the court aud Judge Burllngame
passed sentenced upon him as follows:
You have pleaded guilty To the
charge OF embezZlement IN this court,
and have been gwen the private exam
lnatiOn required by law, and the court
is now thoroughly satisfied of your
guilt of the otiense charged. Perhaps
the worst feature of your offense is not
the fact that YOU. Young man brought
up under enlightened and moral in
iluences while occupying position of
trust and responsibility, enjoying an
honorable employment at a good salary,
to
trusted to your keeping, but rather you
aggravated your offcnse many fold by
50 planning your robbery and escape as
10 leave the impression upon the minds
of your father, mother and friends that
you had been cruelty murdered, and
under that belief and certainty the an
gulsh YOU brought 10 them, the anguish
OF certainty and uncertalnty-certa
of your murder, uncertainty OF the
manner and means OF It's accomplish
ment or of the whereabouts of your
dead bOdy-was an added feature 10
your Otfense. SO | say. 1t may be that
the otfense of the robbery itself may
fall far snort of the enormitv or the
subsequent heartless conduct OF your
self towards your friends and family.
"As far as the court IS concerned, 1t
has no doubt that this robbery was
coolly and deliberately planned and
executed, as we'll as your manner OF es-
cape, and that none of the many SEEM
ing excuses that are almost always
given by such offenders can be
fOunC IN your favor. 1t was cool, de-
libcrate, inexcusable robbery, brought
al 1t voluntarily and without excuse
on your part and carried out in a man
ner TO cause the greatest possible an
guish not only TO your father, mother,
family and friends, but such as enlisted
the sympathies Of every person to
whom a knowledge of the transaction
comes. Under such circumstances
what is the duty of the court? Without
any palliaung circumstances 1t would
be an easy matter for the court TO dis
pose of your case by giving the full
penalty of the law.
"But other circumstances present
themselves. That of a young man be-
coming possessed of a temDtatlon TO SIN
las who Is not IN an unguarded moment
yielding TO an almost ostuncontrOllable de-
sire 10 do something out Of the ordinary
routine of his somewhat monotOnOus
lie, and committing his first crime,
thoughtless at the time of the untold
suffering he is inflicting upon his
friends and lmpelIed on rs 1t were, 10y
the imp of the preverse, and bearing
HIM onward until absence from every
familiar face and object, and an over
whelmng homesckness drives the imp
ntO retirement, when has better nature,
his manhood, his home and his tilIal
affections come TO the front, and man.
hood couquTes Infirmity and he vo.un-
tarIly yields himself up to the mercles
of those he has so wrOnged ana 10 the
law he has trangressed, to suffer un-
cOmplanIngly itspenalties and redeem,
as tar as ne can, the past.
at is such compl cation Ct clrcum-
stances that require OF the court pass
ug sentence, the exercise OF It's best
Judgment 50 that Justice shall not
triumph over mercy and mercy 50 tres
pass upon justice that safety 70 the
public j. not destroyed and mercy her
self be made odious. Now, what | most
desire 10 DO IL TO so temper justice
with mercy that while You. who
have caused so much suffering
which your friends now freely
| forXvel, and who have suffered so
much yourself, may not have meted
out 10 YOU more than you may de-
serve, that the public may be protected, =,
and that other young men who may
/ feel themselves some times tempted as
! YOU were. may no. feel safe ln yielding
| 90 such wicked temptations.
"Ihe sentenceof the court is that you
/ Clarence !. loot, be- imprisoned at
.aoor and disc pllne at the state House
of Correction and Rctormatory. al
/ iona. Michigan, for period of one
| year, from and including this day
| The Young man listened 90 the charge
/ quietly, but has stO cism Was assumed .
as when ne turned away the waiting
/ tears sprang unbidden 20 ms ewes and
I c0ursed down hrs cheeks and when be
reached tho clerks Office. whore his
I father ard friends we're, he broke down
utterly and sobbed aloud. Clarence will
staY ~ the jail tll sheriff Bishop re-
turns home and vii then he taken -
lons. where hy good conduct be can
reduce his time 90 ten months.
The lad has siuncd. mas renented and
made restitution. This should he re-
mem hcrcd when be returns - our
m dst. ari an opp0yt1o tF gwen n.n -
shoa ~ he actions tfat tho repentance
Is sincere and lasting