The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-11-26
NINE MONTHS
FOR NEGRO
B
mine Years." Said Court
: Through Error in Sen
fencing Gaines.

William II. Gaines, the negro poll
among the many offenders sentenced
by Judge Ten Eyck in the Court of
Quarter Sessions, late yesterday after
noon and last night. He got Mint
months in the penitentiary, but his
counsel, Frank M. McDermit, has made
arrangements for a writ of supersedas,
which will carry the case to the United
States Supreme Court for review.
The Judge reminded the negro that
the court knew that he had been pre-
viously convicted, and was caught the
last time while on probation.
When the negro had been called to
the bar and the judge had gone over
his record he began with the usual for
mality: And L will now sentence you
to a term of nine years"
Then he checked himself suddenly,
mo, no; | mean nine months in the
penitentiary.'
That a sentence of Imprisonment,
instead of a fine, Will be melted out
hereafter to saloon-kcepers caught SELL
ing liquor on Sunday, was the warm
ing announcement made by Judge Ten
EyclS in the court of Quarter Sessions
late yesterday afternoon in the course
of the imposing of sentences upon a
great arrav of offenders of all classes.
ANY violation of the law covering
the sale of liquor on Sunday" said
Judge Ten Eyck, will be dealt with
hereafter very seriously and will be
considered a crime calling for i'm
prisonment. Because parties SO con-
lvicted up to the present time have
been fined and not imprisoned, it may
have been thought that this offense
has not been taken seriously, but /
wish to announce publicly that inn
prisonment will be the punishment
hereafter
The lines imposed yesterday will net
SO, 500 to the county. Most of them
came from convicted Sunday liquor
sellers.
The heaviest sentence, ten years in
State prison, was that imposed upon
William Sells, alias Henry Miller. He
was caught in Katzenmayer's Hotel,
Orange, November L last, with a black
mask, false beard and a complete out
fit of burglars tools. When searched
he had a bottle of chloroform in his
pocket and admitted that he was ready
for a Job in Orange. He is also
wanted by the New York and Elizabeth
police.
Frederick Wittemeyer, who cut his
wife's throat October 6 last, in
their home in this city, got a seven
year sentence, while Pasquale Vassalo,
a junk dealer, of Van Buren, street, who
shot Antonio and Donata Tortoriello
on March % last, will &C to State prison
for five years.
Two women, Mary Kelly and Minnie
Roberts, convicted after a trial of pick
ing Mrs. Sarah Miller's pockets in
Centre Market on September IA last,
also got State prison sentences. The
Kelly woman will spend five years In
Trenton and the other three years. Both
have criminal records.
Minor sentences passed were:. Will
lam Clark, negro, larceny, eighteen
months in the penitentiary; Frederick
Mangini, assault n battery, fined $2OO;
Nicholas O'Connell, arson, three months
in the p~enitentiary; Lucius H. Daven-
port, assault and battery. fined $500;
John Bauerle, entering with intent to
steal, three months in the ~penitentiary;
Abraham Cohen, larceny and receiving,
fined $500; Carmella Fallario, assault
and battery, costs of conviction; George
A. Ford and Thomas Whalen, breaking
and entering. one year in the peniten-
tiary; Blanche Zbitkoski, selling liquor
without license, fined SIPS; Joseph Gala
brese, assault and battery, on probation
for one year; Matte Delmas, disorderly
house, fined $3.50; Otto Geiger, larceny
from the person, fined $50 and costs;
James Dwyer, impersonating an officer,
New Jersey State R~eformatory;
Michael Fitzsimmons, selling liquor on
Sunday, fined 5000; William Field
meyer, false alarm of fire, on pro-
baton for two years; Anton Joseph
parts, selling liquor on Sunday, fined
5000; Thomas Kennedy assault and bat
terry, six months in the pe~nitentiary;
Gustav Mann, selling liquor on Sunday,
fined 5000; Mathew Meri, selling CO.
caine, three months in jail and fined
500; William w. Thompson, embezzle-
ment, larceny and receiving, on proba-
ton for two years; Cornelius Harring-
ton, selling liquor on Sunday, fined 5000;
Bette Huntley, assault and battery, on
probation for two years.; Adolph Popp,
desertion. six months in the peniten-
tiary; Milton j. Webb, alias George
Jackson, and Paul Defreese, entering,
larceny and receiving, eighteen months
in penitentiary for former and proba-
ton for latter: Cerva Bruno Capiaro,
carrying concealed weapons and as
sault and battery, one year in the pen
itentiary; Charles Letzrell, alias Charles
Lester and 1ohn McKenna, larceny and
receiving. State r%eformatory: Archibald
Smith, larceny and receiving, one
month in the penitentiary; Peter Pa
leto, assault and battery with intent to
kill, three months in the p~enitentiary
and fined 500; Anton Kriconock, SELL
Ing liquor on Sunday, fined 5000; Henry
Lambert, selling liquor without a IL
cense, sentence suspended; Louis II.
Beissner, selling liquor on Sunday,
fined 5000; oliver Grace, larceny and
receivinp. on probation for one year;