Los Angeles herald., 1906-03-08
REJECTS PLEA
FOR CLEMENCY
JUDGE SMITH SENDS FRANK
COLE TO PRISON
exciting eeene In Court Room Fei'
lows Statement Of Reason for
Denying Petition signed
by the Jurors

art IA the order Of this court that
Frank Cole be imprisoned IN the state
penitentiary at San Quentin for q
period of two years."
AS Judge Smith In department. one
of the superior court imposed TINS sen
fence on Frank Cole, q palnist, yes.
terday morning, the mans mother fell
forward in a faint and dozen other
relatives screamed and cried, While
three prisoners in the court room' TAX
ing advantage Of the confusion, tried
to make their escape.
For nearly five minutes seml-panlS
reigned and quiet was not restored
until the mother and wife of the con-
victed man had been carried 10
private room and revived.
Every effort possible had been made
10 save the young man and yesterday
morning his wife went to court, Ieel-
ing certain that her husband would pe
allowed to go free on probation SEN
tence She carried with her a petitlon
signed by every member of the jury
asking the court to allow MIN TO go
free on such sentence.
Asked for CIemency
Cole was accused Of having at
+empted to assault Edna May Sutton,
a 14-year- girl. The jury returned
q verdict of guilty, but recommended
mercy and upon that clause the rela-
tives of the condemned man circulated
a, petition asking for his release on
nrohation and every juror signed it.
When Cole came up for sentence his
attorney entered a plea for clemency
and Attorney Edward Fleming Of the
district attorneys office replied.
"I do not wish it understood that
we approve of putting this defendant
on probation" said Fleming. Il SIN
cerely deplore an incident of this trial.
but in so doing / do not wish 10 cast
reflection on the jurors, but 1 sincerely
trust we never will have another case
in which a jury, after it has performed
ITS dl1ty seeks to encroach upon the
functions of the court"
When Cole was sentenced he turned
pale and looked as though he had been
struck. His mother tainted and sew
eral of his relatives began to weep
and scream. In an instant there was
confusion. The spectators crowded
forward and three prisoners in the
room made break for liberty.
Bailiff Harrington, however, dashed
across the room and snapped hand
cuffs on two of them, while the clerk
took charge of the other, woman.
Then the two women were supported
to an adjoining room, where the wife
tainted. 1T was SOllle llilG DClciS SIN
was able to leave the building.
Judge Smiths Statement
In giving his decision Judge Smith
made the following statement regard
ing his refusal to grant the plea for q
probation sentence.
mo doubt this young man does moi
belong to the class of criminals we
usually have to deaf with. l do moi
s,,DpoSa n would fO him anV good tC
send him to states prison. This is not
exactly the proposition. The simple
question is whether IL is not absolutely
necessary in cases of this kind to make
an example-to let the people under
stand. when they trespass upon these
grounds, that they must take thelr
chances.
II do not feel inclined to put this
young man on probation. / do not
feel it is my duty to do so. OF course
the court cannot follow its own SYM
pathies and inclinations in matter OF
this kind; if it did very few people
would go from this court to states
prison. There is not case tried here
in which there are not circumstances
which appeal to the mercy of the
court.
Il never have felt myself called upon
TO depart from good sound public
policy in the administration of crimi-
nal Justice and this should be a terror
10 evil doers. That is the proposition,
gentlemen. I hardly think that it
would do.
II think it would be a wound upon
the community to say that a married
man who has a wife and child should
go tampering with girl, have trial
before a jury, be convicted and then
excused"