New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-09-15
THE HABITU1L CRIMINAL Statute
WHILE IT IS ALMOST NEVER INVOKED IT HAS

WHILE 1T Is ALMOST NEVER INVOKED 1T Hs
ITS PROTOTYPES IN A MEASURE
When Bernard Carney pleaded guilty 10 assault
In the second degree some days ago a sentence was
PASSED by Recorder Goff which has never been
given before in the history of the Genera. sessions
The prisoner was sentenced 70 nine years ana nVe
months and adjudged an habitral criminal or IN
other words 10 be considered dangerous men,
Der OF society for the rest of his life Carney had
killed his brother in November, ISL slvagey as
saulted his wife three years later and dangerously
wounded John Low-ey, with whom he had dis-
pute few weeks ago.
Since his release from prison in August, i@%
many letters have been sent the police denounc'
ing Carney : a dangerous character ami tesuiy'ns
to his systematic bounding Of his unfortunate WIFE,
This Jaw which has lain dorm ant for so iong' Is
the only means by which society can be PROTECTED
from the of man who, Ike carney mas
proved himself to be desperate character ana Do
yond al reform \ man may commit series OF
crimes which prove him TO be menace 20 society
and We; not be sufficiently serious in their results
q allow him TO he Imprisoned for any great length
Of time When adjudged habitual criminal now
ever. he Is under police supervision Tor the rest VI
his days and Is always liable TO arrest as danger
Gus or suspicious person. No warrant Is required
10 enter his house at any time 10 search 'ne
premises The statute is defined in the Penal Code
Section 69l and reads; THE person OF an
habituai criminal sha be at all times subject ."
the supervision of every judicial magistrate OF tns
county and of the Supervisors and overseers OF 'ne
Poor OF the town where the crlmina. may De iouh9
to the extent tbat minor ia subject 10 tns
control Of his parent or guardian
In the ticket OF leave system In vogue IN rns.
land a convict s liable during the commuauoh OF
mis- sentence. to which he is entitled for good De-
hav.or. TO constant police supervision n may no'
change his employment residence ana may not
leave the locality without giving notice 10 me poce.
Under supervision ne may buy or sell proper %
do anything that the ordinary cluZen can ~ ~
only under the surveillance OF the p0lce. = h'"n
adjudged habtual criminal In this country -
under no such restrictions. He may buy or ser oi
travel about without giving word 10 the authorizes.
His Photograph and description are. however, ~ -
possession OF every prosecuting oficer ana he. W
Police In the State and he may be arrested on sus
pclon at any moment.
There IL nothing In English law which Is eNacty
equivalent to the .aw here adjudging a desperate
character habtual criminal. The system Oh
ouilawry, much n vogue previous 10 the hine-
teenth century was much more severe than any
law I'm this country. Under II ? man Was aosoutssy
deprived OF all rights ana would be shot on -sns
that his only u leave the count..
Outlawry has long been dead In England. thousn
the Continent the system OF Punishment ilpina
the country is somewhat akin to Il. In Russia ana
Germany especially the former. man Is liable 20
20. Ice surveillance slight provocation
The law here. while not depriving a despelstS
criminal OF his liberty holds him In check IN suSn
a manner prevent him from being constants
menace the peace and safety OF the Commons
wealth