The Montgomery advertiser., 1908-06-06

| | reputation for physical bravery in ar resting desperate criminals. In this
 work he sustained number of serious
 wounds.
 Lamar's ofsense.
 The proof was positive. however, that Lamar had written an insulting and ob-
 scene letter to a young lady. The
 heavy sentence of thirteen months was therefore inflicted
 When the case was called yesterday
 Judge Jones asked if the defendant's s
 counsel had anything to say.
 Mir. Rees Replied.
 "Mr. Lamar is in court. and desires to withdraw the motion he made some days ago. and to be sentenced this morning.
 Before sentence is pronounced" con l tinued Mir. Reese. T would like to draw your Honor's attention to two matters. The jury has found Mir. Lamar guilty as charged Mir. Lamar has no faslt to find with that verdict. and he has no quarrel to make with the jury. His conscience has long since punished him ! severely for this matter, but before your Honor passes sentence, I would | like to call your Honor's attention to some things concerning Mir. Las-aF, as
 do not know whether or not your Honor Is aware of them I heard your \ A ago relative to the matter of sentenc-
 ing men to punishment, that is was most difficult task to deal with--that | confinement of one day in. the peniten- tiary was as much punishment to one | man as year would be to another. If \ 1t were possible for your Honor to for | get the fact that Lamar's father served
 four year in the Confederate Army with you; if you could forget the fact that I Ia
 was Speaker of the House--if you could forget the fact that when 1t was neces- | sary to call out the militia on two oc-
 casions to protect the honor and good name of the State in times of riot he
 promptly responded; if you could forget ! the fact that he bears on his body
 eleven wounds, and that they were in- | flfcted while he was protecting prison
 CTS, and also in arresting them in the
 discharge of his duty; if you could for get the fact that this man served as a private in the United States Army in
 the Philippines. and that here hold in
 my hand the testimony of that fact in
 the shape of a discharge from the army which beafs the highest testimony to
 his loyalty and faithfulness; say. if your Honor could forget all these
 things. your duty today would he far less unpleasant, but it is a stern duty
 imposed upon the court and the sooner it is discharged, the better 1t is for all concerned Mir. Lamar does not deny that he has done wrong. He has sim ply violated the law, and he knows he must be punished for it.
 stigma On Name.
 Tn inflicting punishment. want to direct your Honor's attention to the fact that 1t is not much that he is to be confined in prison, but it is the stigma upon his name. and the dis grace he has brought upon his family. Now these are some of the things that would call to your attention in deal ing with this matter, but would also remind your Honor of Mir. Lamar's mother. and the suffering that will be inflicted upon her-that is the thing that is punishing him more than all else; that the punishment Inriicted upon her will be greater than visited upon him. She is waiting to hear about this punishment. It is a most un- pleasant duty to be called upon to per form. but in passing sentence would ask your Honor to weigh all these things. that this man has served his country abroad, and that he has served his State, both in time of peace and in times of riot. Looking at all these | things. I would ask your Honor to be
 as lenient as justice will permit. l T have here a petition signed by ten of the jurors who convicted MT.
 Lamar recommending him to clemency: ITO the Honorable Thomas c. Jones. l Judge of the United States District Court. for the Middle District of Ala
 bama:
 | We the following members of the
 jury empaneled and sworn to try the cause of the United States vs. George M Lamar charged with sending ob-
 scene. lewd and lascivious matter \ through the mails. most humbly peti-
 tion your Honor to extend mercy and
 tendency to the defendant. We find
 that the defendant is the only child and
 sole support of a widowed mother who
 is aged and in bad health. Therefore we submit this recommendation for your Honor's consideration. Respect
 fully o. c. Courtney, F. H. Cobb, w. k
 Smith, Louis Block, John A. Oliver, J.
 E. MeLendon. M. A. Baldwin, John M
 Porter, Sam Phillips. James McLaugh- lin.
 The Judges Duty.
 r When Mir. Reese had concluded, Juoge
 Jones said after a moments silence:
 Lamar; 1t Is seldom I have had to perform a more trying duty. judge l to measure up to his full trust, must 1 lose sight of self, and endeavor not to allow any personal feelings to sway his
 discharge of official duty. As your counsel haS ODSerVeus was Hhucil de-
 tached to you father. by the close ties which men form as comrades in arms. When you were a little fellow, l. as
 Speaker, had the appointment of pages of the House of Representatives, and
 was glad to make you one of them l
 have the profoundest sympathy for your estimable mother. I have been
 moved too. by the contrite expressions in your private letter to me. know
 that you appreciate now the sin Of writing that letter to a pure, young girl The remembrance of all your past brings harder punishment to you
 than any sentence of the court can in- flict.
 "The law vests a wide discretion, to
 be exercised according to the nature of the particular case, as to the character of the punishment. It may be a very
 small fine, or it may be imprisonment for a term of years. The object of pun ishment Is two-fold; one is the effect upon the defendant himself, and the other is for the sake of the example,
 and to guard the public safety. I have reached the conclusion that while ought not to impose any quality of punishment, which would even implied iy ignore the nature of your offence, that when the character of the punish ment emphasizes that. its justice is not necessarily to be measured by the |