The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-05-28
JEROME AT ODDS WITH JUDGE.
:. DOy.T JIGGLE WITH JUSTICE"
M SAYS TO FOSTER,
Nno Insists on Suspendins Sentence on VII.
son, the Army Clerk Who Got $4,000
Blsckmai - Assorted Reasons - Ami.
mated Talk From District Attorney.

nlsckmail - Assorted Reasons - Ami.
mated Talk From District Attorney.
4 very singular oolloquy between Judge
roster Of the General Sessions and District
Attorney Jerome occurred yesterday when
Henry c. Wilson. the Army Building clerk
convicted Of blackmail, was called to
ina bar Wilson demanded and received
q 500 from a concern that was filling in
Riker's Island, under threat Of taking away
the Government boats that 1t was using
on the work Capt. Piper. then Of the
Street Cleaning Department, had obtained
,be loan Of the boats for the company. When
Wilson was arraigned yesterday Mr.. Jerome
moved that sentence be imposed
Il understand he said, that owing to
The social position Of this prisoner clemency
is about to be extended. I say to you
however, that this man does not deserve
mercy. He is the worst kind OF q CRATER,
A man who used his official position to
obtain money. He Is far more guilty
than was the policeman recently sentenced
rom this court for taking money from
prostitute.'
Il am surprised at the remarks Of the
District Attorney interposed James NJ.
Becs, ex-Asslstant Acknowledgement of the
United States. who had been called In as
counsel for Wilson after his conviction.
practically told your Honor that previous
good character Is not recommendation
for clemency. We do urge what the
District Attorney anticipated, and say that
this is a case where clemenoy should be
shown"
Judge Foster then said: "1he defendant
was the chief clerk in the Engineers De-
partment in the East. He had a high position,
and when contractors wanted Government
boats used in their work they applied to
him and he indicated the way to get them.
His high position gave him the power to
carry out his threats in this case. I
strongly believe in the contention Of
counsel for the defence that the Federal
courts are the only ones to pass upon his
conduct Turning to Wilson. l believe you
are morally guilty, but l think the best
thing can do is to suspend sentence"
This is most extraordinary proceeding.
said Mr.. Jerome. He Is or he Is not thief.
He stands at the bar convicted felon.
According TO your idea he has violated no
law over which this court has Jurisdiction.
II this is so this indictment ought to be
dismissed
You mistake me. Mr.. District Attorney"
replied Judge Foster He has violated
the laws OF both State and Federal govern
rnents.'
1t doesn't seem so from the way you
have acted" replied Mr.. Jerome.
Feeling the way do, am unwilling to
pass Judgment said Judge Foster. in
my judgment he has been severely pun
ished. He has lost his position and his
imprisonment and he has been Inundated.
have had this case investigated by Agent
kimball Of the Prison Association, and he
recommends clemency. From what have
heard it is best to suspend Judgment
In all respect to you interrupted Mr.,
r,tv,v 20 tttln
ment without passing upon the motions
not know that Wilson's counsel, upon
learning that sentence would be suspended,
had withdrawn a motion for a dismissal
Of the Indictment, made on the ground
He continued:
This court should be kept over and
above every question that could bring dis
credit upon It. The wis lies in the heart
4should not be put in false position, as it
how seems to be. Your Honor allows
\ his man to stand "a convicted felon
when you say he Ia not"
4 understand that counsel for the pris-
oner have withdrawn their notions said
Judge Foster.
THAT is not so." said the District At
'orney, turning to Wilson'S lawyers. Are
YOU willing to let your client 60 out into the
world with conviction hanging over him
chen you and Judge Foster say that this
court had no jurisdiction to convict him?"
We are satisfied" began G.. G. Battle,
ono Of Wilson'S counsel but Mr.. Beck
topped him and said
"We are not answerable to this District
Attorney for our professional conduct.
T. If the defendants wish and We must
obey it,"
Are the motions withdrawn asked
MIR Jerome.
The motions are withdrawn" said Mr..
Beck 70 Judge Foster. Mr. Jerome walked
toward the bench and said:
1T is different state Of facts that now
confronts you, Judge Foster. This de-
fendant now stands before you in the light
~ an innocent man. To allow the stigma
Of thief to be placed upon him is travtsty
Of Justice. 1t Is monkeying with law and
order. The right thing to do is to dismiss
his indictment If You don't believe you
have jurisdiction. Don't juggle with JUS
lice'-
II don't like to differ with the District
Attorney" replied Judge Foster mildly,
but l shall do what l consider my duty.
I will suspend sentence and parole you
ITO Wilson, In the custody of Mr.. Kimbal,
10 report to him as he shall direct"
No jurisdiction, a suspension OF sem
tence and orders to report to prison asso-
cation agent. o. consistency said Mr..
Jerome as he walked out OF court.
Judge Foster expects to go TO Japan
next week on three-months vacation
FIRE ISLAND HOTEL BURNED.