Evening star., 1901-09-07
THE PENALTY TEN YEARS.
If the President Lives How the Law
VIII Deal With HIS Assailant.
From the New York Trhuna

THE PENALTY TEN YEARS.
| II the President Lives How the Law
VIII Deal With His Assailant.
From the New York Tribune
Should the President live the punishment
which could be meted out to the man who
| tried to assassinate him would be trivial
In consideration of the enormity Of his Of
Tense. The maximum penalty would be
imprisonment for a term not exceeding ten
years. and this might be commuted for
good behavior to the extent Of three years
and six months. leaving the actual impris-
onment six years and a half. Moreover, as
the assassin Is under the age Of thirty, the
trial judge could. In his discretion. send
him to the Elmira reformatory instead Of
to ordinary state prison. OF course,
there is little probability OF the latter
course being adopted.
The crime having been committed within
New York state. the trial will necessarily
| be held here. There is no federal statute
covering such a case. United States laws
provide for Furnishing crimes committed
within the territory exclusively owned and
controlled by the federal government, but
otherwise crimes punishable only by
the state courts OF the state within which
they are committed, and according TO the
state laws. This case would be governed
| by sections Nos. PIT and 90 of the penal
code. the former of which defines the crime
and the latter prescribes the penalty. Sec
tfon PIT provides as follows:
The Law in the Case.
Assault in first degree def1ned.-A per-
son who, with intent to kill a human being,
or to commit q felony upon the person or
property of the one assaulted, or Of an
other.
"Q.) Assaults another with q loaded fire.
arm. or any other deadly weapon. or by
any other means or force likely to produce
death. or.
"(2) Administers to or causes to be ad-
ministered to or taken by another poison.
so as to endanger the life Of such other:
"Is guilty Of assault In the first degree"
BY section go 1t is provided that assault
in the first degree Is punishable by fmprls-
| onmsnt for a term not exceeding ten
years"
Formerly the maximum and minimum
punishments were prescribed by this sec
tion. but that was changed by the legisla-
ture some years ago.
Assuming, as Is announced in the tele-
graphic reports that the assassin is only
twenty-three years old. 1t would be possi-
BILE. within the provisions Of section 700 OF
the penal code that he should be sent to
the Elmira reformatory. That section pro-
vides that:
"A male between the ages OF sixteen and
thirty, convicted Of felony, who has not
heretofore been convicted OF crime pun
ishable by Imprisonment In q state prison.
may, in the discretion Of the trial court.
De SeuteICeU 10 imprisonment III lne new
York state reformatory at Elnira. to be
there confined under the provisions Of law
relating to that reformatory."
Should he be sent to the Elmira reforma-
tory the court could not fix the limit or
duration Of the sentence, under chapter I'll
Of the laws Of 1887. but he could not be i'm
prisoned for a period exceeding the maxi
mum term provided by law for the crime OF
which he was convicted
Law Regarding Communication.
earn for good conduct Is specific in chapter
21 Of the laws Of 1880. which is still In
force. Section of this act provides:
Every convict confined in any state pris-
on or penitentiary In this state on a convic-
ton Of q felony or q misdemeanor. whether
male or female. where the term or terms
equal or equals one year. or who has
term the maximum Of which is fxed by
law, exclusive OF any term which may be
imposed by the court or by statute as an
alternative to the payment Of a fine. or q
term Of life imprisonment, may earn for
mutton Of his or her sentence or sentences
as follows. namely, two months for the first
year. two months for the second year, four
months each for the third and fourth years.
and ave months for each subsequent year."
The rules governing allowance and disal-
lowance Of communication are formulated by
the superintendent Of prisons. and the
warden OF each prison reports monthly to
as are entitled to be discharged in the fol-
lowing month by reason Of having earned
communication for good conduct. The deter
mination as to what prisoners are entitled
to be discharged Is made by a board con-
sisting of the warden. the principal keeper
and the physician In each prison In cases
where this board recommends the with
holding Of the Communication provided In the
act they must report their acts to the gov
ernor, giving their reasons therefor. Tho
governor has power to increase or decrease
the term Of communication recommended by
the board, but he cannot increase II beyond
the periods prescribed IN the statute.
One other provision OF law might possibly
further shorten any sentence imposed on
the assassin. Section 0e7 Of the penal code
provides that the Judge IN sentencing con-
Wet must 90 compute the sentence, allow
ing for the maximum communication. 30 that
the prisoner win be discharged IN the
month OF April, May, June. July, August.
September or October. This might make
necessary the cutting of several months
from the sentence. depending, Of course.
upon the time Of year when he was con-
victed.
0ur6 DasugA.