New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-25
GRAIN EXPLAINS ACTION
Vas MOVED BY. PITY.
Wanted to GiUe SuIliUan a Chance
To Be Reclaimed.

''My heart. God knows, my heart was moved
perhaps unduly so-but I would put this
mans feet upon the solid rock where he could
be reclaimed" said Judge T. c. 7. Grain IN the
Court OF General Sessions yesterday. in a fervid
speech from the bench. explaining why ne had
imposed a sentence of only two months In the
penitentiary on Daniel Sullivan, convicted a
week ago OF robbery in the second degree and
therefore eligible for term OF fifteen years In
Sing Sing
District Attorney Jerome appeared In per-
son before Judge Grain 20 ask that the SEN
tence OF two months be set aside. and that "a
Judgment and sentence adequate 70 the crime
be rendered" Mr. Jerome explained that Sui
Ivan was an old offender who once had es-
capped imprisonment under suspended sem
tence. Some mysterious influence had been ex-
erted to smother part Of his record In the police
court hearing. AT the close OF his application
Mr.. Jerome said:
insist he was undeservlng Of the clemency
you showed him. The facts upon which base
that statement have said. were not avail
able TO you nor 20 me at that time. think your
honor will recognize that no private feelings
are involved in this matter. If. after your
honor has examined these papers. and finds that
an error has been committed, have no doubt
you Will correct 1t.
Counsel for Sullivan began an objection 20
SAAoAABo "a SGutoI4CGB OUT ne was cut snort Oy
Judge Crane. who said he wanted to explain
what had Influenced his action. He asserted
that the public ought 70 know that no outside
or improper influence moved Judge IN such a
case. He never had known Sullivan, he said
nor any one who knew Sullivan. He had heard
the witnesses in the case. and they had told con-
Trajectory stories. The money at issue had been
returned. The record IN court showed that Sui
livan was lawless. passionate man. but noe
dishonest. Judge Crane said. and Sullfvan's en-
pioyer STOOD ready to give back his Job TO him.
In conclusion, Judge Crane said:
Sullivan stood at the parting OF the ways. I
could have said, Fifteen years for you, SuIlI-
Van." on the one hand. On the other hand 7
could say, sullivan. sentence upon you Is sus-
pended: go back to your employment and your
WIFE. My heart, God knows, my heart was
moVed-perhaps unduly sO-but would put this
mans feet upon the solid rock where ne could
be reclaimed
But section OF the Penal Code stopped me.
L could not suspend sentence. The law shut
the door In my face. So I sentenced him 20 two
months In the penitentiary. in order that when
his imprisonment "a over he might come out and
reel like going back TO work like a man.
When make mistake thank the man
who points it out. Through the zeal OF the
District Attorney certain facts have been
brought before me. If wrong has been done, II
the law VIII permit me- win try to recttfy IT,
Our courts must be beyond suspicion. God
helping me- shall try to do my duty hereto
do what is right.
Judge Crane then told Mr.. Jerome and SuIlI-
vans counsel to submit briefs to him in the case
by tomorrow. His term in Part III OF the court
ends tomorrow