New-York tribune., 1901-10-15
'PRISON AGAIN FOR MOST.
ONE YEAR HIS SENTENCE CONVICTED
on EDITORIAL IN DER FREIHETT"


presiding with Justices Holbrook and Wyatt in
fhe Court OF Special Sessions, yesterday.
Neither Most. his friends nor his counsel
Morris HiQuit. seemed TO expect the heavy
sentence. When Most went 10 the bar how
ever, he displayed much nervousness
I'VE have given this case careful consdera-
tion." said Justice Hinsdale. You have been
ably defended by an able lawyer. and We have
given due weight TO the Importance OF the case
We hold that the printing and publishing OF such
an article at such time is criminal act
Therefore. We find the defendant guilty" Mr..
1dllqut made the usual plea for mercy. Justice
Hinsdale then presented the opinion, written
by himself. on which the decision was based.
il said. in part:
When the men framed the Penal Code Of the
State OF Aew-fork they undertook TO specify all
the crimes known 10 the law, to state their char
acter, whether felonies or misdemeanors, and TO
provide penalty in each class of crime by nam
ing a minimum and maximum penalty in most
cases The attempt 10 thus codify the criminal
law was declared by many eminent able jurists an
impossible undertaking.
specifying crimes and Dunishinents as completely
tand fully as the codihers able 20 state them,
words:
"A person who wilfully and wrongfully commits
eTty OF another, or which seriously disturbs or
endangers the PUBLIC peace or health or which
punishment is expressly provided by this code, is
guilty Of misdemeanOr'
The plain and obvious intent of this was TO leave
3n the code a little OF the fexibility Of the COM
mon law 10 meet cases which they had failed 10
specify in the preceding sections. That the words
OF this section are general is Just what might be
expected from the nature OF the case The pur-
pose OF the section is 10 try offenders for some.
the offence Is one expressly prescribed by the code
then clearly the offender must be tried under the
scribed in the code that can be tried under this
section This section is a legislative mandate ana
warrant for courts to look outside of all other
sections OF the code discover offences not spec-
fed in the code. Otherwise the section is meaning
less
That the crimes that come within the range Of
this law are comparatively new and novel 10 the
law is TO be expected. II it were otherwise they
would have been specified in the body OF the code
The acts that might ne committed 10 produce the
results condemned by the section were not common
We hoid that the teaching Of the doctrine of an
eSos Sn5 asS a5eng o8frsges public decency
To give this construction 10 the law IN no way
religion the freedom OF sDeech on all questions
OF government or OF social life nor does II In anv
The point and pith Of the onence Of Anarchists Is
dagger and Snarite nav be used 10 destroy rulers
The teaching OF such horrid methods of reaching
It is poor Satisfaction when one Of their dupes
catch him and visit upon him the consequences OF
his acts. The evil is untouched II we stop there.
have too long overlooked the fact that crimes and
We nave been punisbiniy oYenders IN Other lines
for words spoken and written without waiting for
press Is restrained by the law Of ne from the toe
free use Of words. individuals can be punished for
words spoken or written. even though no overt act
of physical injury follow 1t is the power OF words
that IS the potent force 10 commit crimes and Of
fences in certain cases
power o %oSss sg das m gTq9 n G 6r are tS T@na T
The murderer OF our late President than that event
gated and stimulated 70 consummate his foul deed
awaiting execution for the crime while still
at large IN fancied security. person may advo-
peaceful means may criticise the conduct OF its
he can so long ne does not advocate the commis-
sion OF crime as the means through which he IS 70
The means 9aehin bis end he ~ hat 'r6f aoS
he ssfinctton we haya tred 10 can ~ De ,t me
been too long overlooked II our conclusions are
and ought TO be punished. It is not necessary to
teaching OF anarchy ana particular crime Of an
overt nature Il is strange spectacle in this age
the presence OF teachers OF crimes that are advo-
1aton and IL have no bower 10 Sefe5s ttseIf
against internal enemies We DO not believe the
arm OF the law IS too short reach those offenders
ss ,h ne eI me q The r3 ratio. or toe narayzea to
need such copoessiOns 70 save to the fullest Extent
nnimpaired those sacred rights Of free people.
After giving the editorial on which Most was
nonvicted. the opinion goes on:
It IS impossible TO read the whole article vv,thou,
neoucins from it the doctrine that all rulers are
sesryed through odd 5nq anG 70 es Daso5 ana
oynamite II Is no answer TO the evil and crimt-
ten for the purpose Of destroying crowned heads.
u inculcates and enforces the idea that murder Is
The fact that il was pubisbed sftV wears a. 90
emphasizes and gives added point TO the criminal
tty OF republishng It at any time. It shows de-
doctrines OF the article. This we hold 10 be a
criminal act Il is not necessary 20 trace any
OF the late President. The offence here. in the
event had never occurred The MURDER q Of 'tas the
President only serves TO illustrate and Illuminate
teaching his diaboncaI doctrines
such articles and doctrines have proper place
possible political ideas and passions. and carried
70 their logical conclusion would destroy the gov
3udge IN the celebrated Somerset slave case that
no siaye can breathe the free air OF England"
il would be well II the laws OF this country were
such that II could be said truthruly that mo
anarchist can breathe the free air OF America"
After the reading of the opinion Mr.. Hiquist
made motion for certificate OF reasonable
doubt
why. we had no doubt" answered Justice
aainsdale. 'one of the justices wanted TO add
the fine OF $500 which would have been the
full limit OF sentence"
Motions for new trial and an arrest OF 3udg-
nent were also made. They Were denied
Throughout the proceedings Most had stood AZ
the bar, visiby affected. When sentence was
pronounced he clutched the railing, and only by
an effort saved himself from collapse Two
big court officers took hold of his arms and hur-
ried him TO the Tombs.
When Most was seen in his cell IN the Ton,bs
he seemed TO take his sentence philosophically
but was nevertheless bitter in his remarks.
''The arrest was an outrage" he said. 'and
the conviction was another. There would seem
to be something very incongruous In the move
ments OF justice in the case. was arrested and
then allowed TO go on $500 bail for five weeks
IT was understood when was arrested that the
offence was only a misdemeanor-a technical