The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-29
6 MONTHS FOR RADCLIFFE.
JUDoE 81 Us WIFE HEATING rs o
POPULAR UITH IME RICANS.
The rsuEiIsh .actor,s Counsel Gets = stay
watch Keeps HiH on tho l-innd ara In ihc
Tou,bu PENDING Argument On an Appi'ca-
lion for q Cnrilncnin of Rcnaonnhle Donbt.

The fuEiIsh Actors Counsel Gets . Stay
watch Keeps Hin on Tho l-innd ara In thc
Tou,bu PendinE Argument ON an Appi,ca-
ton FOR = Certificate OF Reasonable Doubt
"wife beating is not popular with Ameri'
cans" said Judge Newburgor yesterday when
Edward J. It%atcliffc. tho English actor, was
arrnigned in Part /. OF tho General Sessions
for sentence. This remark of tho Judge was
made after RatcliHe's counsel, Mirabcau l.,
Towns, had made the customary motions for II
new trial and to arrest Judgment, When these
motions were denied Lawyer Towns said:
Your Honor. justice should be tempered
with mercy. The jury's light verdict Of as.
sault In the third degroo. with II
tion TO mercy, certainly showed that the assault.
was committed under extreme provocation.
Your Honor has often suspended sentences In
this court"
THAT is true, T" said Judge ewburgcr. but Only
in cnses where evidence was produced TO show
the defcndant's previous good charactcr.hi his good
conduct, his reputation in the community for
good behavior. This has not boon done in this
case, though 1 have advised counsel to intro
duce evidence of the character and reputation
OF this defendant. Wife beating is not popu-
lar with Americans, though 1t may be In some
countries. Hero we don't propose to tolerate
it IL we can stop 1t. l want this sentence TO be
\" >ohoiue sht th't WV
has. spent the past two weeks in the Tombs. !
shall not fix tho extreme penalty. The sentence
in this case is imprisonment in the penitcn.
tiary for a term Of six months"
Lawyer Towns put his hand on Actor Rat
c%litfe's shoulder and asked that the execution
of the sentence be deferred for n day or two.
Judge Newburger replied that the matter
rested with the Sheriff. Deputy sheriff Daniel
Kelly, Captain of the Bridge OF sighs,, stepped
forward and tapped Ratcliftc on the back, say
sPlease come this way
Radcliffe picked up his hat and followed the
over the Bridge OF Sipbs to tho T mbs.
Il expected it, said Radcliffe, but I know
my lawyer will get q new trial for ne" ,,,o-
LSWyGr TOWNS Tow 81 visited s,iitscd, the Tomb ho ana ia ai tSr
Criminal Court building. There he consulted
with Assistant District Attorney Lloyd, ana
arrangements were made to keep Ratclifc In
Towns time to make applicStion to The supreme
Court for a stay OF proceedings.
Mr.. Towns drew up an affidavit in which he
set forth the grounds on which he might apply
for a stay to obtain a certificate of reasonable
doubt. The main ground on which the applii,
cation was based was that the court had ad.
mitted evidence OF previous assaults alleged
to have boon committed upon Mrs. Ratclitfe
by her husband.
After the papers had been prepared they
were taken to White Plains by Lawyer 4; };
McCrossen, Mr.. Towns's partner. who applied
to Supreme Court Justice Dickey for a tenn,
gorary stay, The stay was granted by Justice
Dickey in the form OF an order to show cause
on Monday next why q certificate of reasonable
doubt should not be issued. Shortly before 4
o'clock a clerk from Lawyer Towns's office
served the. Sheriff with a copy of Justice
Deputy Sheriff Kelly was making preparations
to take Radcliffe, to the ,penitentiary Just wher
lieved when informed that he could remain in
the Tombs for a few days more at least.