New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-07-18
TO PRISON FOR LIFE.
JOSEPH BLOCK THE FIRST VICTIM OF
THE HAB1TUAL CRIMINAL LAW.

vrC~rED OF BURGLARY IN THE FIRST
DEGREE AS SECOND OFFENCE.
Joseph Block n Russian. twenty five years Old
who can neither read nor write. was yesterday
sent to Sing Sing prison to spend the rest OF
his natural life at hard labor because AFTER
once being convicted of petty larceny jury
found him guilty Of burglary In the first degree.
Judge Aspinau passed the sentence. not because
he desired to inflict such severe punisnmen.
ON the defendant but because the habitual
criminal law made the imposition OF the penalty
mandatory on him. 1t is the first time In the
history Of Kings County that life imprisonment
has been imposed for any crime less than MUIR
der in the second degree, and. In consequence
of that fact and the attention which Blocks case
has previously attracted. the courtroom was
filed to OVERLOOKING with lawyers and specta-
tors.
Joseph Block was originally indicted twice Tor
burglary in the second degree. the charge being
that with two confederates he broke Into the
houses at No II Moore-st and No. 81 NC
Kibbn-st He was placed trial on the latter
indictment before Judge Hurd. but In the course
of the trial it developed that the burglaries mad
heen committed at night, constituting burglary
IN the first degree, that something had been
taken from the houses and that Block had pre-
yously been convicted Of petty larceny. BLOCK
had previously refused to accept the Distr'ct-
Attorneys offer Of a plea to one or the 1ndlct-
ments for burglary. but Judge Hurd stopped
the trial and directed Mr.. Backus to have an In
dctment drawn that would properly cover the
case The subject was submitted 10 announcer
Grand Jury, with the result that TWO ihuic'-
ments we're found against Block, each charging
him with burglary In the first degree ana granu
larceny in the second degree each as a secohu
offence He was again placed on triai Oh ''e
McKibbin-st. Indictment and convicted ai'er
trial lasting four days The jury In the verdict
however. said nothing Of the charge as second
degree.
Under this conviction there was nothing TOT
Judge Aspinall to do but to sentence BLOCK 10
nr;son for life. Section 6SS Of the Penal Code
provides as follows
person who after having been convicted witn'n
tb1s state of n felony or attempt to commit a
t,orv ar 81 petty larceny under the laws OF any
other State, Government or counu!, ", o,id he a
W Tl II ommits any crime within this State. Is
punishable. upon conviction OF such Se'o'' '''e0O'
II the Subsequent crime such that Upon a n IRIS,
conviction the offender might be pnnis9 for IL
must be sentenced to State prison TOT me-
Under Section 5O7 of the Code burglary In the
6rst degree must be punished by sentence OF
not less than ten years and may be punished by
life Imprisonment Therefore the Judge had no
discrotion In the case and was compelled to send
Block to prison for lire
BLOCK WAS NOT DISTURBED.
When Block was arraigned for sentence ne
seemed the only one In the courtroom VINO was
not under bit Of nervous strain lie t"'ried
his fingers and smiled sheepshly at the court
officer while the others around him ana IN the
rear of the courtroom strained their ears 10 near
what was said In response TO the usual ques,
lions Of the cler,, the defendant said that he had
q mother and wife and three children ana ~
the time Of his conviction he lived al NO. -
Sicgel-st George Alexander has Dcen couhsei
for the defendant and fought hard for lighter
sentence After the pedigree had been given
Mr. Alexander stepped to the bar and said;
IF Your Honor please believe that TINS case
IS the saddest one that has come before you IN
YOUR judicial career This man was honestly
convicted. and | wan To say now that neitnei
the defendant myself has any fault to flnd
with the conduct OF the Court or the District
Attorney in the trial Of the case do not be-
lieve that any prejudice has been shown against
this man against his race. The jury returned
the verdict after several hours dcliberation, and
several members Of the jury have since informed
me that they believed their verdict would enable
the Judge to sentence the prisoner To term OF
Imprisonment less than life. 1t was with this
intention that they said nothing regarding the
charge a second offence. and with respect that
their intentions have miscarried. the force or
their verdict has failed.
Il am free to say that two-thirds Of the jurors
would sign any document which might give Your
Honor the power to impose a lighter sentence.
! will say, further, that the DistrctAttorney has
been ready and willing to have this verdict set
aside providing the defendant would plead
guilty to burglary and grand larceny each In
the second degree. and a second offence This
would have enabled Your Honor to sentence
Block TO Imprisonment for not less than twenty
years more than forty years made this
proposition to my client, but he still maintains
hat q
TO anything. There is nothing left for me to do
but to try to prove his innocence, and / intend
to take the requisite steps In that direction. |
know that Your Honor has no discretion in the
case that you must sentence him TO prison for
life, but | do not believe that the Legislature
ever intended that a man convicted OF a mis-
demeanor and than OF a felony should go to
prison for life. intend to apply for certif-
cate of reasonable doubt. and in order that /
may do so. ! ask Your Honor to postpone tho
sentence Of this man. II he is TO be sentenced
for life 1t can make difference TO him or to
the Court whether he Is sentenced now or a
month hence"
THE SENTNCE NOT DELAYED.
District-Attorney Backus said that there was
no reason for any delay Of Judgment. and he
should oppose it. He had offered to allow the
verdict to be set aside If the defendant would
make a written statement as to the facts in the
case but his offer had been refused Mr. Alex
ander could not apply for certificate Of reason
able doubt before sentence was passed. and 1t
was the last day or the term There was no
longer any cause for delay.
There has been no undue haste In this case.
said Judge Asphalt. II have waited an entire
week before passing sentence In order that
Injustice should be done to this man. There Is
nothing left for me to do but to impose the SEN
tence of the Court I have no discretion in the
case and, under the law. | sentence you. Block
to imprisonment in Sing Sing Prison at hard
labor for the term Of your natural life
AS the defendant led away with the
sheepish smile still on his face. the sigh which
ig IA frequent ACCOMPANIMENT
nervous strain rose from the audience although
every one must have known just what the
tenCe OF the Court would be- Mr. Alexander
asked for a stay and arrest Of judgment and
his motion was denied 1t Is understood. how
ever that the District-b ttorney is willing to
allow Block to remain In Jail until Mr.. Alex