Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-08
MAXIMUM PENALTY
IS GIVEN TO HYDE
Fined $4,000 and Sentenced
to Prison for Two Years.
MERCY SHOWN SCHNEIDER
Shorter Term of Imprisonment and
$1,000 Fine.
BOTH MEN RELEASED ON BAIL
Convicted of Conspiracy to Defraud
the Government of Land in
Western States.
MERCY SHOWN SCHNEIDER
10Th MEN RELEASED ON BAIL

Frederick A. Hyde of San Francisco
was today sentenced by Justice Stafford
in Criminal Court, No. 1. to pay a fine
of $4,000 and to serve a term of two
years In the penitentiary at Moundsville,
w. Va The sentence is the maximum
penalty provided by the law for con-
spiracy to defraud the United States. of
which Hyde was convicted last June,
after a trial lasting three months and
costing the government more than
100000 The conspiracy was to acquire
title to large tracts of government land
in an illegal manner.
Joost Fl. Schneider, an employe of
Hyde. also convicted of the same offense
was sentenced to serve one year and two
months In the same penal institution and
10 pay a fine of $1,000.
Appeals to the District Court of Ap-
.peals were made by both men. and they
were released on bail pending the action
of the appellate court. Hyde gave bail
in the sum Of $4,000 and Schneider
$4,000. the United Surety Company of
Baltimore qualifying as surety on the
bonds
+, Leniency Asked for Schneider.
When Criminal Court No. 1 was con-
vened this morning Justice Stafford. who
had presided at the trial last spring. took
the place of Justice Gould on the bench.
He promptly announced that the court
would overrule the motion Of the defend
ants to stay the Judgment and sentence.
He then inquired II counsel desired to
make any remarks. Attorney A. S. Worth
ington declared he had nothing to say on
behalf Of Hyde. but Attorney r. Golden
Donaldson made a plea for leniency for
Sshneider.. He declared that Schneider,
al an employe. had acted under orders,
and did not participate In the profits Of
the enterprise. Schneider, he said. has a
wife and three children dependent upon
him. -,
Assistant Attorney General A. B. Pugh,
who has had charge Of the prosecution.
suggested to the court that the maximum
penalty was wholly incommensurate with
the crime. and declared the government
believed Schneider equally guilty with
Hyde, and alike deserving of the maxi
mum punishment.
Justice Stafford Discusses Onenses.
After the two men had been called on
and had declared they had nothing fur
ther to say why the sentence of the law
should not be pronounced, Justice Stat
ford said:
The charge against these men was
that they had conspired together to de-
fraud the United States out of the title
10 large tract of land by various dis
honest. practices. The defendant, Hyde,
must be regarded as the principal, and
Schneider as his assistant Mr.. Hyde
was man of considerable wealth. OF
more than ordinary business ability. of
high standing in the community. holding
various Offices of trust and positions of
commercial responsibility, prominent in
the social life of his city, and looked
upon in many respects as a leader.
The defendant Schneider was employ
ed by Mr.. Hyde in other business mat
ters for many years His part was
subordinate one and his position less
conspicuous.
The court has been urged to some
what tighten the maximum penalty by
reason of the high standing of the de-
fendant but the court Is compelled to
think that the fact should operate quite
strongly against the defendant as in
his favor, inasmuch as the evil example
set was all the more potent and PERM
cious by reason of his high position and
inasmuch as his ability to recognize what
true and right and to appreciate
his duty to his fellows and the govern
nent was greater than that of the Or
binary offender. This court has pro-
nounced sentences larger than the largest
provided for by the section now before it
for the offenses against the law which
would appear almost trivial when set
beside these offenses.
Sentences Imposed.
The court then declared that Hyde
should have the extreme penalty of the
law as the master spirit in the illegal
enterprise. Referring then to Schneider
and to the plea of his attorney for lem
iency on behalf of his wife and children,
Justice Stafford said:
1T is probably true in this case. as in
many which come up for sentence. that
the unhappiness and suffering will fall in
a larger measure upon others than the de-
PENDANTS and upon those who are wholly
innocent, but to let that come between
the lawbreaker and his punishment is to
put IL in his power to save himself in
almost every case. The true reflection is
that the misery is not the cons aquence of
the sentence, but the consequence Of the
defendants act which made the sentence
necessary.
In the case before us We must treat
the maximum penalty provided for this
offense as adequate punishment for the
grossest cases. Accepting that premise, ii
would be manifestly unjust to impose
upon Schneider a sentence severe as
upon Hyde. To do 50 would be to say
that man of foreign birth. Of limited
education, OF comparatively narrow
range of intellect. led on to the unla yful
work by his employer, who was to reap
the harvest of wrongdoing, should be
punished equally with one born and
reared in an American community. well
educated. surrounded by all the best in
fuences and lifted by the good opinion OF
his fellows to positions OF honor and re.
sponsibility and who was the master
spirit of the unlawful enterprise