Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-23
Judge Cole Imposes Penalty in Tay.
lor Libel Suit.
NINETY DAYS IN JAIL
Arguments CT the Counsel and the
Courts Remarks.
PLEAS FOR LENIEN NCY

recorder of deeds. In the presence of a
crowded court room, counsel for Chase
made an unsuccessful plea for the imposi-
tion of a small fine or for a suspension Of
sentence, which District Attorney Birney
opposed.
When the case was called, Mr.. Campbell
Carington explained that last Saturday he
had asked weeks delay in order to pre-
pare for the argument on the motion for
new trial, but during the week Mr.. Chase
came to him and directed him to discon-
tinue the efforts for new trial, the de-
fendant explaining that he had determined
to throw himself upon the mercy Of the
court and submit to it's judgment. The
defendant therefore consented to the over
ruling of the motion for new trial. and
stood ready and willing to take the sem
tence of the court
Plea for Leniency.
But before sentence was pronounced Mr.
Darlington asked and received permission
from Judge Cole to address the court on
behalf Of Chase. The defendant. said Mr..
Darlington, asked the mercy of the court,
praying that he should not be Inundated
by a term of Imprisonment. Chase, ma
tive of the District, had by his own efforts
made himself a leader among his own
people. said Mr.. Darlington, and enjoyed
the confidence and respect Of both the
white and black people of the District.
The defendant, like every other editor
probably in in the world, certainly in this
clared Mr. Darlington, been sued for either
criminal civil libel. and Chase now
realized that he had made a mistake. but
II was not, said Mr.. Darlington, such
mistake as required the humiliation of
Imprisonment.
The defendant not only supported his
own family, but also cared for his two SIS
ters. To imprison him, declared Mr.. Car
rington. would. therefore not only hurnil-
late the defendant, but would also bring
suffering upon those dependent upon him.
The offense, said MI. Darlington, of which
the defendant stood convicted was but
misdemeanor, and 1t was rare that court
sent good citizen to Jail for committing
such an offense. Especially when the court
is asked, explained Mr.. Darlington, as in
the case of Chase. by many reputable citi-
ZenS of the community to suspend SEN
tence or impose a small fine. Mr.. Caring
ton then read petitions asking clemency
signed by many business and professional
men. by the ministers of the colored
churches of the District and by a score or
more of the teachers in the local colored
schools.
Mr.. Smiths Argument.
Mr.. c. Maurice Smith also addressed the
court in behalf of Chase, contending that
while the man was technically guilty, no
malice had been shown. The person al
legged to have been harmed, said Mr.. Smith,
had bt en- and Is a most unwelcome conner
here, and every reputable local newspaper
had time and stime again cried out against
the appointment. and his acts, as well as
the proprity of the appointment, had been
severely criticised. A great public senti-
ment against Taylor had been thereby
created by the great journals of the Dis
trict and the defendant, said Mr.. Smith,
had adopted bludgeon to strike his blows,
ateIy knowing when in
what he honestly believed he had right
to do.
The mans position because of his mex
perience and lack of training had placed
him, explained Mr.. Smith, where he stood
today. In doing what he did he believed
he was protecting his own race, said Mr.
Smith, but now, realizing that he had
done wrong, he deeply regretted 1T. But
only the defendants personal enemies in
all this great and intelligent community,
declared Mr.. Smith, would rejoice in
not wish him SO punished, and the people
of the District, said Mr.. Smith, were coz
fident that the court would not disgrace the
defendant by imprisoning him.
MIR. HcwIett's Views.
Mr. E. NJ. Hewlett declared that Chase
was leader in the District among his peo-
pie, and declared that ne had done as
much, if not more, than any other District
colored man for the benefit and in the ad-
VancemSnt Oh MS race 10 Seilu llIl "
prison, even for a day, would disgrace
him to such an extent as to retard the
race for twenty years at least, thought
Mr.. Hewlett, and he earnestly pleaded for
the imposition of only small fine or a
suspension of sentence.
Mr.. Birney Argues.
District Attorney Birney, explaining that
he realized how ungracious and unpleasant
it was for him to oppose leniency, caid he
felt it to be his duty to call the attention
of the court to the fact that the article
complained Of was enc of many published
by the defendant. Not alone the official
character. nor the official acts of Taylor
had been attacked, said Mr.. Bi-ney, but the
mans personal character had been assail-
ed That the attacks were malicious, de-
clared Mr.. Birney, was apparent, when not
one of those against Taylors personal char
acter was sustained by evidence The de-
fendant, said Mr.. Birney, was not lacking
in journalistic experience, for he had been
conducting his paper for years. Neither,
said Mr. Birney. was this the first offerse
of which the defendant had bean convicted
The same excuses had then been urged, and
the defendant could not now trutnfully
plead ineXperience, said Mr.. Birney He be-
lIeved it was case where a nominal fine
or suspension of sentence vas not war
ranted.
Sentence Imposed.
In imposing sentence Judge Cole said it
would be very agreeable to him If he could
feel authorized to do as requested by the
defendants counsel. He had never passed
sentence without feeling sympathy for
the defendant. but to allow the court, the
mouthpiece of the law, to suspend sentence
in this case because of sympathy would
be to violate the law. The defendants at
tack upon Taylor was not upon the mans
official character alone, but was also a
y+fDta hl alfs v,nl
character. There was no retraction of the
charges, remarked the court, but even at
the trial they were sought to be substan-
tated. The criticisms of Taylor by the
other newspapers. said Judge Cole, was no
Justification of the defendants acts. To
suspend sentence of Imprisonment and to
impose a mere fine would declared the
court, be declaration of the law that any
man is at liberty here to assail the char
acter of any person he may fit under
the penalty of mere fine. Especially
would that be so in the present case, one
of repeated malicious personal assaults.
The sentence to imprisOnment was no