Los Angeles herald., 1908-12-20
OBTAIN LENIENCY
FOR J. MURRRY
JUDGE JAMESON RELEASES HIM
ON PROBATION
MEMBERS OF JURY ASK THAT
MERCY BE SHOWN
In Belief That Family Would Be Left
Destitute If Prisoner Were Sent
to PenItentlary, Court
Acts

Efforts of many reputable citizens,
including several members of the jury
that returned a verdict of guilty
against j. Murray, charged with hold
ing up and attempting to rob couple
of strolling sweethearts on New Jersey
street some months ago have been
successful, and Murray was given a
probationary sentence of five years by
Judge Jamison yesterday.
But reasons other than the in
tercession of friends Of the young
prisoner led the court to take this
action. Principal among these was
the condition of the prisoners fam
lily, now in dependent circumstances
and relying wholly upon the husband s
and fathers worth for a livelihood.
"I hope my action will not be taken
by the criminally-inclined as mean
ing that they may commit offenses and
escape without punishment" said
Judge Jamison yesterday Il say this
in Justice to myself and my success
sors."
Leniency Recommended
"The defendant in this action was
convicted Of the crime of robbery and
the jury which found the verdict of
guilty recommended him to the ex-
treme leniency of the court. Several
members of the jury have since Joined
with other reputable citizens in the
application for probation.
1.-THE defendant has resided in this
city with his wife and family for over
two years. His conduct while in Jail
has been exemplary. His employers
speak highly Of him and have
expressed to the court their earnest
desire to again place him at work The
cause of his downfall is the old story
Intoxicating liquors-and the crime
for which he has been convicted was
committed while under the influence
of liquor.
1.-THE application for probation in
this matter is granted for the follow
ing reasons;
"First-This is the defendants first
offense, and a thorough investigation
of his life does not lead one to believe
that he has an abandoned and malig-
nant heart. There is reason to be-
lieve that II he were placed upon pro-
baton and given another opportunity
to become useful member Of society
he would become such.
"Second-If he were placed in the
states prison the punishment would
fall the heaviest on his wife and two
small children, one years old and the
other at its mothers breast. His fam
lily is now in dependent circumstances.
Under the laws of the state a prisoner
in our state institutions is denied the
right to earn any money by which he
can pay the cost of the support Of his
family. Someone must support them.
BY placing the defendant upon sus-
pended sentence he can go back to his
work, his family can be provided for
and kept together by his own labor,
- L. i q 4
responsibilities.
Circumstances in mitigation
of the offense: While the defendant
is technically guilty of the robbery. no
actual violence was committed or at
tempted and the victims OF the offense
admit that they were placed in no
fear.
Misconduct of Juror
"Fourth-The fourth reason is the
least important, but still 1t is one that
is entitled to consideration In passing
upon the matter. By reason of the
misconduct of one of the jurors dur
ing the trial of the case defendant
would probably, If the matter were to
be pressed, be entitled to a new trial.
This right he is willing to waive, and
the county is thereby relieved of the
expense of another five days trial.
"The conditions under which the de-
PENDANT VIII be placed on probation
are as follows:
First, total abstinence from the
use of all intoxicating liquors; Sec
ond, the support of his family; third,
the living of his life as a moral and
upright citizen: fourth. that the period
Of his probation shall he five years,
and that he report to the probation
officer of Los Angeles county at least
once a week until the further order of
the court, and fifth, that a violation
on his part of any of the above condi-
lions prior to the expiration of his
parole shall operate to Immediately
revoke the parole. and he shall then be
sentenced to the states prison for a
period of fifteen years"
The misconduct of the juror referred
to by the court was a VISIT made by a
juryman to the scene of the holdup
without receiving instructions from
Judge Jamison so to do.