St. Landry democrat., 1893-04-08
HE SAW GOOD IN A BURGLAR.
A Story Illustrating the Feelings that
Prnrunted n Judges Lcnency

ffOHlpteu u OUuSe'S s@cHcHcS.
Recorder Smyth sat in his judicial ca
pacity on Thursday morning, dealing out
justice to all who came before him in the
Court of General Sessions. The usual
quiet dignity and despatch characterized
the proceedings which were without i'll
cidcnt until the cases of the three Italian
burglars was called, and three unkcmpt
specimens took their places before the
prisoners bar, Carlo Ilari, Nittorio Gius-
seppi and Carlo Cerrutti, were the names
to which they answered when arraiyncd.
Undeniable proof was promptly pro
duced to show that they had broken into
saloon in 20 South Fifth avenue Oh De
cember 49, and had carried away lot of
plundcr The accused men were sworn
one by one. Ilari and Giusseppi pleaded
mot guilty"
The sensation came when Cerrutti took
the stand, and it caused u tremor of cX
citemcnt to run through the motley
crowd that usually watches the court
proceedings with only languid interest.
The Clerk read the oath with depth
of feeling and force of expression that
blanched the prisoners face. When tho
Bible was handed him to kiss Ccrrutti
pushed it aside with look of horror al
most, and rising, he cried out: II won't
swear; | won't lie. am guilty"
The Recorder leaned back in his chair,
too surprised to speak for moment.
Then he turned toward the dirty prisoner,
and the two regarded each other intently
fo1 moment. The court loungers
watched with curious interest, which
did not relax when the jury was dis
charged and Cerrutti remandcd for SEN
tcncc next day.
On Friday when the three burglars
were arraigned for sentence llari and
Giusseppi got four years and six months
and three years respectively. When Ger
rutti's turn came the Recorders stern
face relaxed, and he said: II congratu-
late you on your high-minded refusal to
add perjury to the crime with which you
stand charged, and as proof of my
pleasure at your stand suspend sentence.
You are discharged"
Poor Ccrrutti was almost overcome
with surprise and joy when the full
meaning of this little speech dawncd
upon him, and his face was a study as
he turned to Leave the court free man.
When asked afterward why he had
dealt SO leniently with u man who had
undoubtedly committed crime, Re
cordcr Smyth said:
''ln my long career as Judge | have
never before had such an experience as
this. 1t was Il matter of conscience with
the poor fellow, who, am sure, has
good heart at bottom. While sitting on
the bench revolving in my brain the
proper punishment for such case, |
happened to remember a story, which
may be old, but surely appropriate: A
Governor of certain State once visited
the State prison and began questioning
the inmates. All except one declared
that they were innocent and ought to be
let loose. The exception was man in
far corner. who sat still and said moth
ing. The Governor walked over to him
and asked why he was in prison. 'Re-
cause deserve to be here; I stole a
horse, Governor, was the reply. "You
shall 90 Free" said the Governor, "fOr
fear that you will contaminate these
honest men here Some such inclina-
ton, l think, seized me to let the trio of
Italian burglars part company, and |
gave Cerrutti his freedom. - New York
Sun.