New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-07-01
STATE PRISON FOE BAD TEMPER.


Five years in State prison seems rather a Sc
we're sentence for ''sassing' the court Yet
that is just what Judge Asphalt has given a
young burglar in the Kings County Court His
commitment papers doubtless show that he was
sentenced to nine years Imprisonment for burg
larry. AS matter of fact, however, he was SEN
fenced to only four years for burglary and was
sentenced TO the other five for being resentful
at his fate and muttering sullenly to himself
as he was being led from the courtroom. The
young man, or boyle is said to be only eigh-
teen years old-seems to have been bad fellow
and member of bad gang. He had been in
the House of Refuge and he certainly deserved
severe punishment. All these facts Judge
Asphalt took into consideration in fixing the
sentence Of imprisonment for four years That
term seemed to him. when in a calm. judicial
frame of mind, proportional to the offence. All
that occurred afterward was in fact if not IL
law, merely the judges hasty retaliation for
impudence. We never heard that impudence,
at least to anybody but a heaven sent judge
n State prison offence in this country.
Perhaps this procedure was perfectly legal.
1t is said that judge is free to change his mind
about the disposition of 4 case up to the time
when the action IS formally recorded. 1t does,
at any rate, seem excessively capricious. We
do not question the motives Of Judge Aspinall
or underestimate the need of teaching sharp
lessons to the young criminals who We're watch
ing this burglars fate with interest 1t may
in truth, be said that federation of his impu-
dence would have had a bad effect on them
But is there not danger that such a sentence
may have a worse effect? The law should be
stern and awe inspiring, but it should be ma
jestically regular in its movement and should
not seem to be swerved from its sure and rea-
soned path by a petty thing like a criminals
bad temper. Better men than this boy have
unreasonable outbursts Of temper and curse the
fate which they have brought upon themselves.
How many of us want TO reap what we SOW or
endure the penalties of our faults with pa
tience? Daily men relieve their feelings In
more bitter railing and eXtravsgant threats
than this young burglar did, and they are not
even locked up overnight as disorderIy persons.
Judge Asphalt seems to expect his prisoners
to come up for sentence penitent and shriven
and politely asking their due in the way of pun
ishment. They are to consider him their friend
and benefactor. Perhaps they ought, but that
is not human nature. Criminals particularly
young criminals who have not acquired the
cynicism and conventional Indifference of the
profession. will still show their feelings. Was
this young mans muttered anger more an EVIL
dence of depravity than the trained stoicsm Of
an older criminal? VIII FIVE years in State
prison for impudence be likely to work for his
reformation? VIII it not tend to embitter and
harden him and undo all the good which might
have been expected to result from the term of
imprisonment which Judge Aspinall himself
with full knowledge of the case, thought pro-
portiOned to his offence?
Nothing that occurred after sentence was once
pronounced had any proper bearing on the
burglary case. The young man may have rem
dered himself justly subject to punishment. and
summary punishment, for contempt of court
But certainly nobody will say that five years in
State prison was a suitable punishment for anv
such contempt. Four years for burglary and
five years for showing bad temperl We do