The San Francisco call., 1898-04-21
Mrs. Luckhardt Pleads in Court for Her Illus
 band.
Sick and Desperate He Stole a Camera From a
 Store.
Governor Budd May Intervene While Sentence Is De-
 ferred.
Oakland Office San Francisco Call,

DOS Broadway. April 20.
 Mrs. A. J. Luckhardt, whose name would certainly be more appropriate were the syllables transposed, appeared before Judge Ellsworth this morning and made a pathetic plea in behalf of her husband who has been convicted of burglary.
 4. J. Luckhardt is a sick man. Doctors declare that the foundation of consump- tion is already laid. A few weeks ago he left his wife and little ones at home and went out to try to earn a meal for them. Work could not be found. but an oppor- tunity to steal presented itself. He mo- ticed that the little store of Travers & Leet was deserted at night and that il would be an easy matter to break in. He broke in and stole a camera, which the testimony showed he sold for bread.
 The circumstances were placed before TraVers & Leet. and much influence was brought 10 bear on them to prevent Q prosecution. but the case went to trial. No matter how strong the moral defense of such a crime. there was no legal way to escape justice. The court withheld sentence for two weeks, and when the case was called this morning a fur ther stay was granted, so that the pris- oner's friends could confer with Governor Budd for the purpose of trying to secure a pardon.
 Mrs Luckhardt, trembling and with tear-stained face, made the following
 Our condition is that of extreme pow erty. There were days when my husband obtained work, but very many more when he did not. For months bread and weak tea have been all we could afford. When my husband (and here the little woman broke dOwn) entered the store we were backward in our rent and 1t was only through the kindness of the landlady that We were not turned out. We still owe a lot of rent"
 he desired to make any statement before being sentenced. The sick man said:
 You know the circumstances of the case. My little ones were starving before my eyes. l was sick and without work. It seemed to me as though l must steal or let them die. I did not do wrong. with the intention of doing it. but was almost crazy with desperation when l did it. As far as 1 am concerned. have many times been hungry, but 1t was too much to see my wife and babies longing for food. That is all I have to say. l reanZe that am in the hands of the law and must abide by its decison.'
 Judge Ellsworth hesitated a few mo- ments before replying.
 Tt is certainly very painful case" he said, and in many respects remarkable one. However there is more serious phase of it. Your excuse for stealing Is that the little ones were suffering for want of food This is not an excuse in a made for such cases. It is no justifica- ton of your act although it may be a reason for mitigation of sentence. The testimony of your employer shows you to have been an upright man and one of unquestionable character. But there is no option for me but to send you to pris- on. It is merely in my power to impose a Ienient sentence, and this I propose to do."
 At this point in the proceedings the prisoners attorney requested two weeks stay in which to appeal to the Governor and the court granted it.
 Travers &, Leet have written to the court asking it to be lenient, and Judge Ellsworth has been requested by the Dis trict Attorney to use all possible elem ency.