New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-06-18
HIS SENTENCE DEFERRED.
DOUBTS AS TO THE LEGALITY OF
M'LAUGHL1N'S DISMISSAL.

APPEALS TO JUSTICE BARRETT FOR MERcY-sEN-
rENcr, WILL BE PASSED TOMORROW MORN
ING-wILL MLAUCnLIN Go TO STATE
PRISON OR THE PENITENTIAEY?
Justjce Barrett did not sentence ex-Pohce IN
.nec,or NcI.aughin yesterday morning, as II was
.rnec,ed he would The defendant was remanded ior
sentence tomorrow. and in the meantime an at
,empt will be made 70 clear up some doubts as TO
the legality of his dismissal by the Police Board
NcIaughln was brought yesterday morning from
the Tombs in charge of Deputy Sheriff Kelly to
tho Court of oyer and Termlner There was a DIG
crowd outside the doors of the courtroom. and di
ewes were turned on the ex-Chief Of the Detective
Bureau who walking the corridors of the GRIM
nal Courts Building waiting for the court TO he
opened. The ex-Inspector looked a triie pale nut
his incarceration in the Tombs did not seem TO have
affected his health in any way. and he appeared TO
ii feel very Well" said he when asked how he
Colonel e c. James, accompanies by Messrs;
during the trial were early on hand There was a
rumor that Colonel James was gong 10 wtha5@ rev
ceedncs Colonel James Indignantly denied this.
Justice Barrett took his seat on the bonch AT
1915 O'clock Colonel Fellows. the District-Attor-
ne Austen, G. Fox and Danie G. Rollins were
Colonel James began the proceedings by moving
that the verdict against the eX-inspector he SET
denied He next moved for an arrest of Judgment
several grounds one Of Srh W wS yeb na Th
Court denied this motion also Colonel James then
hold long conversation with Justice Barrett
Justice Barrett then remanded Mclaughlin lot
sentence tomorrow morning at 10 clock. Justice
Rarrett's action caused some surprise. Colonei
Fellows said tha; there some limits az TO
the legality Of the deiendants ulshiSsd! Aioin ''c
Police Department. n, .
whether he was sentencing Police Inspector Nc
Iaughlin O a private citizen.
Justice Barrett seen after he mad rsnlahieu
the ex-Inspcctor and he gave his reasons for post
'for mercy based upon the grounds that the De
PENDANT had lost his office as Inspector or iohcr
ana that this loss should be taken into consdera-
lion In passing sentence. which | was quite Will
Ing 70 do and quite willing TO do. But want
10 be sure he has lost the Office.
Justice Barrett then said he wanted 20 MAKE sure
whether the Police Commissioners mad dismissed
the defendant from his office as Inspector because
OF the verdict that was given 10y me Jury. or
whether they had proceeded against nm on some
old statute -
"A verdict by the jury" said he. does not mean
mans conviction. a man Is convicted when the
Court sentences him and not before. because be-
tween the verdict and the sentence thee Judge may
grant new trial suspend the sentence. 1t is
one thing the defendant stands before me legally
removed from his office, and another thnS II ne
has not been legally removed. We want TO be
sure Of ground , ~.
Justice Barrett then said that II he sentenced the
defendant State Prison. that sentence lpso acto
removed him from his office Inspector Of POLICE
but IL he was sentenced TO the Peniientary II dld
remove him. -.
The question that have got 10 consider me
Judge said lis whether | will send him 10 state
Prison or 10 the Penitenary. have recelV"d
many applications asking me TO SEND MIN 10 inc
Penitentiary.