Evening journal., 1900-10-30
And Must Also Pay a Fine
Of $4,000
WANTED 10 WITHDRAW FLEA
But the Court Refused the Application.
Judge Crubb Favored Heavier
Sentence

Dover Oct. 30.-Former Secretary Of
state John d. Hawkins was brought
into court yesterday afternoon to be
sentenced for embezzlement. Mr.. Haw-
lSins had pleaded guilty to the embez-
element OF a sum amounting now 70
81 ZOO OF the funds of the estate OF &C.
Babbitt. Of Philadelphia, from whom
the lawyer had got the money to mort
gage the farm Of John W. Hutchinson,
of Kenton When the. court noticed
Mr.. Hawkins in the room Chief Justice
Lore asked II he had anything TO say
before sentence was pronounced
WANTED 10 WITHDRAW FORMER
PLEA.
May It please the court replied
Hawkins. 81 wish TO withdraw my plea
OF guilty and enter one OF not guilty,
and ask that a day be fixed for trial.
Now. II the court please this is not an
unprecedented motion and"
Justice Grubb-"Do you mean that a
defendant, after admitting his guilt,
can deny it?'
Hawkins-"I mean this, your
honor. In pleading to the charges ON
Friday replied, By advice OF counsel
I plead guilty I did not mean Mr..
Ridgoly. but by general counsel out
side We had not been able to get OiiI
witnesses here who live at q distance
and were therefore at decided disad.
vantage. Trial on Friday would not
have been fair and impartial, and as
the court insisted -I-took that course
asking for a discontinuance OF further
action until to-day ! do not make this
application for the purpose. neither dc
/ make IL to the court to relieve myself
Of any responsibility for running ava,
from this court last Wednesday; but
make Il to prevent having to be sen
fenced for an offense against the Law
which I never committed"
The court conferred for Eve minutes
Mr. Hawkins had given as his au
thority for his motion the case OF tn
State against Carl Harris. but th
court did not look up the case
APPLICATION REFUSED.
Chief Justice Lore-"Mr. Hawkins
you are lawyer and have beei
through the various procedures OF IN
court, so that. through your position
you were fully acquainted with wha
u plea OF guilty or not guilty meant
The general counsel OF which yo
speak. acting together with the die
tates Of your own mind. prompted Tn
action you took in pleading guilty w
cannot permit you now to change tina
position before the court. All the wit
nesses are discharged upon a plea o
guilty and they leave the jurisdiction
or the court. We therefore refus
your application and ask IL there /
anything to say before sentence
pronounced"
Hawkins-"win your honor alio,
an exception to that decision TO be en-
tered?"
The Court-'We remind you tina
the Judgment OF this court is not hna
However, we will let an exception b
noted"
The court then retired for twent
minuteA to arrange a sentence. Whe
they reappeared Chief Justice Lore an
nouuced the sentence. Il was that tn
prisoner pay a fine OF $4,000 and B
Imprisoned for a year.
GRUBB THOUGHT sENTENC
LENlENT.
After sentence had been pronounce
Judge Grubb said Il wish to say 10
myself, as the reason for my dissent
ing, that as John d. Hawkins ha
heen a member Of this bar. sworn {
fidelity toward the court and his cl
ents, he occupied a different relatio
to the public from man who is n,
lawyer, for the reason that the pul
lie is necessarily dependent upon q
honest and honorable bar. Therefor
think it necessary, TO meet the ex
gencies Of the case and for the prote,
ton OF the public, that a much long,
Imprisonment than that decided upo
by majority OF the court shoul
have been placed upon Mr.. Hawkin
This is said not to question the sir
cerity OF the suficiency OF the reasc
Of my brother members OF the cour
II Is simply a matter OF difference
judgment between u.s."