The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-01-09

Bv. WILLIAM. r.. LECTION.
Copyright by Mcclure, Phillips & &C

Nor is the good Of the criminal him
self taken largely into consideration
in administering penalties, save upon
the theory that to punish him by re-
stricting his liberty will give him
time and opportunity for turning pen
itent. The accepted doctrine seems to
be that he who has done any one Of
these things is Of necessity by tenn
permanent and nature an enemy Of his
brothers.
I'm my Judgment, that polity is not.
broad enough-not elastic enough. It
arms at crushing out effects, not at
the alienation Of causes. The pris-
oner himself has rights-rights far be-
yond the mere matter of securing
, hearing by an impartial jury and be-
IJyond the admission of evidence ac-
|tcording to established usage. He has
| the right to have his motive consid-
cred. I think it should be the bust
ness Of the courts to inquire, as fully
as possible into the motives which
fCreshadow the acts complained Of;
and in melting punishment for those
acts a court should seek to avoid the
danger Of spelling a potentially USE
full citizen. That is a duty he owes
to the people, as well as to the ac-
cused man. I know Of no prohibit
ton upon such course, if a court
| lIs L L
seems to ne that in such matters the
greatest safety of society lies, not in
the arbitrary authority of the court,
! but in It's discretionary power. The
court as the instrument of the law
is not an avenging Nemesis. The law
is impersonal. and incapable of cher
! ishing or executing vengeance; it is
d1spassionate agency for securing
the greatest possible good of the So
cial body, and it must not lose sight
of the fact that the accused man is
himself an integral part Of that body.
In the case at bar, I think have
gotten a clear understanding of the
man and his motive. The act of theft
was only very badly distorted
shadow of the motive. The prisoner
has himself seen this. Mr.. Ellsworth
stand Up. In view of all the circum-
stances in your case, I shall sentence
your to six months in the county iai
of this county, and I shall suspend
execution of! the sentence until the
first day of the May term of nex
t year. In the meantime, you are tt
be at liberty within the county.
shall expect you to look carefully after
your conduct and to report to me
here upon the first day of the mex
term
He paused and took up hi
pen to enter tn sentence. An In
articulate buzz arose in the room
and the heads of the lawyer
/ were bent together for Whispered
comment. One man touched the i'm
passive Stilling's upon the arm.
is that populism, poetry, or Greel
philosophy?" he questioned hoarsely
cor has he found out that Ellsworth
voted for him 2" But Stillings settled
himself in his chair without reply.
When the entry was written Brook
r looked up from the page. He hat
l heard the vOiceless murmur, but tn
2 manner was fearless and unperturbed
Ellsworth still stood before the bench
+ his eyes wide with question, his lip
! parted for speech that would not b.
= formed: Another man was also upo1
his feet, just without the bar rail
: This was Burton, the prosecuting wit
Il ness against Ellsworth. He was BIZ
Y man, heavy-limbed, with thick neck
t forid face, and fringe Of red beard
e He wore heavy overcoat or sheep
e skin, which made his bulk appear pOr
e tentous. When he caught Brooke
. eve he raised his hand like schoC
Y boy. ~
r Judge" he said, in his deep out
door voice, Judge, / want to say
: word if you'll let me-" ..
!, AS Brooke waited, Burton made hi
+ elephantine way thru the crowd unit
- he stood at Ellsworth's side. He lai
y his heavy hand upon the prisoner
II shoulder, keeping it there while h
u spoke:
: Judge, you're right about this bus
# ness. I amt been easy in my min
# lately-well, not since l filed the CON
IT plant, but Especially since I've com
= down here to court and had time
IS think it over. I think you're rigI
q about what you said, judge. It doe
IT Hook too bad to spoil a good man,
~ send him to the pen for just this on
- thing. I s'pose I'm to blame. II
apt to be quick. Ellsworth had bee
IS a good man about the place, alwa1
st straight as a string. 1t kind Of di
? appointed me to find what he'd don
t. but I s'pose hadn't any right to