New-York tribune., 1909-06-05
DARRAGH'S SENTENCE
1T LEAST SEVEN YEARS..
No Mercy for NeTt Auto Stayers,
Says Judge Mulqueen.

William Darragh. the chauffeur for Charles h
Force the broker. of No All Park avenue. was
sentenced yesterday by Judge Mulqueen' II tHe
Court of General Sessions, to not less than seven
years nor more than twenty years in Sing sing
for the killing of thirteen yearold Ingvaard Trim
BILE on March p.
The boy was playing in Morningside avenue, near
116th street, when Darragh. who was taking JOY
ride approa ched a rapid rate Of speed knocked
linn down and dragged him for half block The
chauffeur fed after the accident, but was arrested
in Port Arthur. Tex, and brought back to stand
trial on a charge of murder in the first degree.
He convicted of manslsughter in the first de
gree, He is only twenty-one years old and lived at
No. 26i West 115th street. The Trmble boy came
New York from Covington. KY. to attend school
and lived at No. All West 11Sth street.
In sentencing Darragh Judge Mulqueen said:
This case has excited such interest that it seems
proper TO state briefly the principles that g1de the
determination of the sentence 10 be imposed Not
think that the public should have clear notion Of
No new or obscure Law has been invoked in this
instance ine statute defining murder IN tne nTst
degree Is very old. II provides as follows. ne
killing OF a human being. unless It IS excusable or
justfsb BILE IS murder in the first degree when com
and eyincing depraved mind. reeardless ct os hu,
That law was enacted at a time when the auto
erable conditions could not possibly have been fore
seen And yet it SO clearly aPpeS ebt 10 Il tf s Ems
could be improved upon by the most expert leSls77
Counsel that You did not ntend to XIII your victim.
But il is elementary legal rule that mans in
When you took your seat in that car you Nv, were re
free to drive carefully reCklessy You chose TO
YOU bore a message Of death for the unfortunates
M least an enal Hight to our streets and roads You
cared more for your own pleasure than Tor thF ] lsl
and you elected do that which destroyed an in
nocent life and brought the deepest sorrow to a
Il has been said that YOU have been convicted for
the crimes of others. and that popular clamor pro
truth The conduct of this case by Assistant Dis
not once by act or word did he seek lFciudce
and skill he drew from the witnesses te SIuIE -. o
that ride. and no testimony was more damaging
Experenced counsel evoked all their skill and
persuasive eIoquence, and there are few pteaders
CIelland Every taIes1nan who admitted the slight
est prejudice was excluded from the jury and those
to conine their attention solely 10 the evidence
produced in this case They were told that It was
their duty regulate public affairs, but to de
eide the truth or fasity OF the specific charge
against you
Of duty. a desire for revenge. but rather
a spirit Of mercy. Indeed, am convinced that II
YOU had been rich man or a dissolute man the
verdict would have been murder. The legal proof
OF murder overwhelming. But no; even the
ter. The statutes defining that crime were clearly
applicable and question Of intent Is involved in
ment OF one criminal is intended to serve as a
warning TO others.
A difficult situation ConfTonts as TO-DAY. The au-
tomobile has stay. Properly used. II is a
source OF heairhful recreation II is important
factor in business But IL Is clear that ts use IS
fraught with the gravest danger To the public.
Therefore all drivers and Of these machines
must be extremely careful. Recklcssuess and neg
lgence will subject them 10 severe penalties. They
must not seek their pleasure or convenience
the risk OF the public Il Is the paramount duty
of the state 10 protect the lives of people.
One OF my colleagues Judge Swami. but recently
warning the reckless drivers Of autono-
hiles. The District Attorney has been dilEent and
the Jurors have done their part. So that II IS now
incumbent the Court 10 repeat the warnings
and 10 impose sentence that will drive the lesson
home to all. The next who comes 10 the bar
OF this court charged with this offence may pay the
penalty with his life
To the ordinary appeal for mercy / cannot prop
eTiy listen IN OF
jurors who convicted you have asked not 70
inhict the maximum penalty, since Il Is really
the first case OF Its kind and therefore sentence
YOU to Sing Sing prison FOR a term q not less
than seven years more than twenty years