New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-01-13
BRIGGS IN PRISON.
WILL NOT APPEAL CASE.
Sentence of $4,000 Fine and Day IN
jail Bars Him from Office.


Sentenced by Judge Thomas in the Federal
Court, Brooklyn, yesterday to serve one day in
Jail and pay fine Of $4,000. ex-Congressman
Edmund H briggs. convicted of accepting com
pensation for securing contracts for the Brandt
Dent Cash Register Company with the Postoflce
Department while Congressman elect. paid the
fine at once and about four hours later walked
TO the Raymond Street jail to his term of
imprisonment In pursuance of the decision OF
the federal authorities to humiliate Mr. briggs
as little as possible by contamination with the
Jail. IT after o'clock before he was escorted
there from United States Marshal Hauberts
Office For ordinary prisoners the day ends at
p. m. and the general impression was that Mr
briggs would no sooner begin TO serve his SEN
tence than he would be released. on the advice
of Charles ". Hyde. counsel to Sheriff Hester
berg. the latter. however decided 10 hold his
prisoner at least until the expiration Of the
astronomical day. at midnight. At that time 1t
said that Mr.. briggs had retired for the
nigh: and would be released to-day. There was
a rumor that he had refused TO evade his pun
ishment by serving less than the fun sentence
imposed.
The time that Mr.. briggs served was spent
in the office OF Warden Mclaughlin and the
anteroom. and the nonotony of the wait
relieved by a plentiful supply Of good cigars
of fine and Imprisonment but the further pen
atty of being rendered incapable OF ever again
holding q government office remains II is
derstood that only special act OF Congress can
relieve him OF this punishment. which IS inflicted
upon persons found guilty OF violating Section
1,TS2 OF the Revised Statutes. The statute reads
that such a person shall be rendered forever
thereafter incapable Of holding any office OF
honor, trust profit under the government Of
the United States
The announcement that Mr.. briggs had de-
cided TO accept the sentence without making an
appeal. as had originally been intended. was
great surprise. That the course taken, however,
had been planned in advance was shown by the
fact that Hugo Hirsh. counsel for Mr.. briggs,
had certified check for $4,000 in his pocket
which he Immediately attempted to hand to the
court clerk after sentence had been passed. He
was told. however, to attend to that matter later
in the clerks private office. This he did.
Mr.. briggs was convicted OF receiving Sl2, 800
for securing a contract with the Post Office Do
partment for go automatic cashiers. He testi-
fed that he paid 81, 500 to George w. Beavers
as contribution to the Republican national
campaign fund" So Judge Thomas said in
passing sentence. the fine leaves him mo benefit
of the undertaking" Indeed, counting the adj
ditional $500 and the legal expenses of the trial.
he is out considerably on account of the ''un-
dertaking."
It was II 80 O'Clock when Mr. briggs, accom-
panied by Hugo Hirsh. his counsel reached the
courtroom. United States District Attorney
Youngs was summoned and Judge Thomas took
the bench. There were only about twenty-five
persons in the when Mr.. briggs stepped
to the bench. He perfectly composed and
showed not the slightest trace of nervousness
The remarks Of Judge Thomas in passing SEN
tence read slowly from manuscript 1t
derstood In giving his reasons for using such
extreme leniency in the matter of imprison-
ment. AS some criticism has been aroused by
this leniency, his remarks of particular in
terest. He said:
Mr. briggs. would that a sense OF propriety
had made this offence impossible even without
the constraint of the statute whose wholesome
ness and deterrent spirit is clear. notwthstand-
ing some imperfection of phraseoogy. The self
acting provision of the statute deprives YOU OF
capacity 10 hold office under the national gov
ernment. The significance of this dsfranchise-
ment will not be apprehended by persons of in
ferior sensibility. but its magnitude and the
fine that will be imposed excludes the 5tness
of a longer Imprisonment than that exacted bv
the law A just fine will leave you no benefit
of the undertaking. Indeed, of honorable
feeling although he has erred, would a bhor the
retention OF what came 10 him illegally and |
believe that such will be your attitude There
are those who do not think we'll of kindIiness in
judicial utterances on an occasion like this. They
confuse harshress with frmness, and mistake
severity of speech for forcefu administration
of the law; they consider that the Offence wines
away all beauty of character and excellence of
citizenship l do not underestimate the duty
or value of plain speaking, but in my view the
dignity of the court and the efficacy of punish
ment not diminished by civility or even
benignfty toward one whose worth of charac-
fer however impaired by error is a real pos
session. that may forever exist. The heart and
Judgment of society, while demanding adequate
punishmen strongly favors the preservation of
whatever is good and restoration to right con-
duct of life. If have ever fallen below this
Continued on third page.