Evening star., 1901-06-28

sentence commuted to expire September 1,
l9ol for the reason that the minimum SEN
tence imposed is excessive.
Elmo BraShears, convicted in the south
ern district Of the Indian territory of
horse theft, and sentenced December g.
ls9s to five years In the Missouri penten-
tiary; sentence commuted to expire De-
cember 1901, for the reason that the mini
mum sentence imposed is excessive.
virgil Weinberg. convicted In the south
ern district Of the Indian territory of
larceny, and on October 0. 1899. sentenced
to Imprisonment for five years in the
United States penitentiary: sentence COM
muted to expire August 15, 1901, on the
ground that the sentence was excessive.
Charies j. Miller pleaded guilty In the
southern district of Mississippi of failing to
make proper entries in his books as whole
sale liquor dealer, and on January Z, 1901
ne was sentenced to pay fine of 500;
commuted to fine of $50 and costs on the
recommendation of the Judge. who had i'm
posed the minimum penalty.
l.. j. Johnson. eastern North Carolina,
convicted of removing and concealing dis
titled spirits. He was sentenced December
u, 1900, to twelve months in the county jail
and to pay a fine of 800. Pardon granted
on condition of payment OF fine and costs.
George Brock, convicted in the southern
district OF the Indian territory of horse
theft. and sentenced November IS, 1898, to
five years in the Missouri penitentiary
Sentence commuted to expire August II
1901. on the ground that the minimum SEN
tedCe imposed ID excessive.
Pardon Refused.
The President has refused to grant a par
don to Ellery P. Ingham and Harvey K
hewitt, the Philadelphia lawyers who were
convicted two years ago Of offering bribes
to secret service officers working in con-
nection with the celebrated Philadelphia
counterfeiting cases, and who were SEN
fenced to two and a half years each in
lirp n
were that the men have already served a
large portion of the sentence and that they
were still further punished by being dis
barred from the practice of law in Penn
sylvania. Attorney General Knox recon-
mended adversely on the application for
pardon, and the President has approved
that recommendation. 1t Is understood that
the Attorney General would not have sent
the case to the White House at all had
the President not asked for it that he
might have opportunity to pass upon it.
In his recommendation to the President
the Attorney General says:
ut will be observed that aside from the
qualified reassertion of their plea of not
guilty, the petitioners set up but one rea-
son for pardon. i. e., their disbarment from
the practice of law, which they claim is
greater punishment than their imprison-
ment, punishment not provided by the
act Of Congress, which the trial judge
could not have considered when he i'm
posed the sentence
erately and with great care, and with a
mind disposed toward discovering in them
more than appeared upon first considera
tion. The more l regard them the weaker
and more inconclusive they appear. Ger
tainly it is true that the acts of Congress
do not provide for the disbarment of an
attorney who commits a crime: no more
do they provide that minister of the gos-
pei shall be stripped OF his cloth, or that q
great moral or social leader under like cir
cumstances shall be dethroned and cast out
in disgrace Congress has no function in
such matters. Society has its own way of
pr otecting itself-its own system Of re-
THE petitioners disbarment therefore
was no part Of their sentence. 1t was the
commendable act OF the Pennsylvania
courts to purge its bar of those who had
brought discredit and shame upon 1t. Your
pardon could not restore them to practice
This is matter solely for the courts which
rejected them.
''An the consequences Of crime are dis
agreeable and distressing. These petition
ers were lawyers. They well knew the high
ideals Of their profession, and that no self
respecting court in a law-respecting COM
munity would tolerate upon its roll, and
thereby hold out to the world worthy OF
sign abandoned the high traditions Of their
profession and entered into criminal con-
spiracy to corrupt the currency of their
country and seduce officers Of the govern
ment into betrayal of their trust.
THE suggestion that the high minded
Judge who imposed the merciful sentence in
this case could not have considered the
comment.
I'm my judgment there is no reason why
the petition should be granted, and there
fore recommend that it be denied"