The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-29
Term in Penitentiary, With
Costs, for AutOist Who
Killed Marcus Jacobs.
DENUNCIATION BY JUDGE
Conduct of Prisoner, Says Court,
Was Not Only Extreme OF Dis.
regard for Safety of People
but CowardIy Violation
of Common Decency.

DIR. Walter H. Norris, who, while
recklessly driving an automobile In
Broad street, knocked down and killed
Marcus J. Jacobs, late manager OF the
Columbia Theatre. while the latter was
crossing Broad street at West Park
street the afternoon of September &c
last, was sentenced this morning in the
Court of Special Sessions by Judge Ten
Eyck to eighteen months in the Essex
County penitentiary.
This is the first case OF Imprisonment
for a homicide through reckless han
ding of u motorcycle or auto.1l lille in
Essex County. 1t all other cases a
fine has been imposed. 1t was thought
by some that owing to the circum-
stances surrounding the death of Nfr.
Jacobs, DIR. Morris would be sent 10
State prlsoh.
AS so0h ar court opened I,r ,sec,;tur
Young moved that sentence be impose
on the defendant. Samuel Ealisch.
counsel for Morris, made an eloquent
appeal for olsmency.
your honor his was a case of un.
intentional horioide," said NJ Kausch.
THE deceased came to his death by An
automobile undsr the guidance Of the
defendant under circumstances thar
Justify calling 1t the lowest grade of
manslaughter. The defendant does NOT
belong to any criminal class. or &
moral terpituda, and this fact aad the
character of his family shoul1 have
weight with yoUr honor.
| THE public has misunderstood the
| character of this case, and has accused
| the defendant of assuming an indif-
ferent air and attitude. This defend
ant, like any young man of his class.
keenly feels the unfortunate position
he is now in
He has never exhibited Indifference
to the charge, and he wishes me to say
to the court that he Is extremely sorry
for what he has done The knowledge
| is to him sufficient punishment, and
will be an everlasting sorrow, no mat
ter what punishment you infiict on
| him. He says that he win always
realize that his act has bereaved
good wife and mother and he expects
to be punished, but asks that the court
not disgrace him or cast disgrace on
his aged father, who has been in a
! state of nervous prostration, or the dis
| tracted mother whose suffering Is the
result of her sons unfortunate act
| "He trusts you will be nerciful and
render sentence consistent with justice
/ and mercy"
Judge Ten Eyck then addressed the
prisoner as follows:
/ walter Fl. Morris: You were indicted
by the Grand Jury of this county for man-
slaughter in causing the death of Marcus
Jacobs. You retracted your original plea
of not guilty and entered a plea OF non
vult. which for the purpose OF this pro-
ceeding Is regarded as a confession Of
guilt
! TT IS true, as your counsel has Just
stated. that there was no criminal intent
on your part. but you were guilty of gross
negligence and reckless disregard for the
safety of people on the public street.
"a more extreme case Of recklessness
could hardly occur. The death Of Mr..
Jacobs. a highly respected man, under the
circumstances, shocked the entire commit
nifty.
After you had INDUCED in drinking tn
/ toxicating liquors with your companions,
you drove your high power automobile Of
great speed through Broad street In the
| centre of the city. at about 4:3O p. m.
when the street was crowded with people.
"AIr Jacobs had just stepped off a trolley
car. aud was about to go to the sidewal6
when your machine struck him with great
TO Z while you were going at high speed.
and without giving any warning signal.
! you knew he had been struck and prob
ably seriously injured, but continued at
| high speed down Broad street and out OF
| the city doing further damage later on.
1t was not until several days later that
you concluded to surrender yourself to tue
public authorities.
"Such conduct was not only the extreme
\ of disregard for the safety Of others, aud
| a cowardly violation of common decency.
/ hut your reclSessness supplied the Place
/ OF the evil or criminal intent required to
constitute criminal act, and makes You
responsible under the criminal law for
manslaughter.
| "Both as punishment to you and as
/ warning to others using the highways
/ that gross recklessness resulting in injufy
! to others will be adequately punished II
/ is the duty of the court to impose a severe
/ penalty in this case.
''rhe sentence OF the court is that yol
bs confined for the term OF eighteen
months in the Essex County Peniten lazy.
and from thence until the costs are paid.
! Dr. Morris did not show any special feel
ing during the plea made by his counsel,
As soon as he was sentenced he was lei
/ away in charge Of two cOnstables. lie
will be taken to the penitentiary this
afternoon
Morris pleaded not guilty to the charge
Of manslaughter when first arraigned, but
last wednesday he changed his plea TO
non vult before Chief Justice Summere.