The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-06-16
LEE ESCAPES
THE PEN|TENT|ARY
Is Given Five Years, But Sentence
Is Suspended
court GIVES HIM ANOTHER chance
To Make A Good Citizen And Lead
A Proper Life


terwards entered the saloon business
His experience has taught him that
"the way of the transgressor Is hard.
He stated that Lee had made up his
mind to lead a decent, respectable
life AMI become good citizen again
if given the opportunity. Judge
Waight asked the court to investi
gate the facts, If not already advised
before imposing sentence. Judge
Waight called the attention of the
court to the power it possessed to
impose suspended sentence, and
concluded that such action by the
court would be very proper in this
case.
Prosecuting Attorney Cromley ad
dressed the court in opposition to Lee
escaping punishment and stated thai
too many criminals went free because
they dwelt under the shade of an an
cestral tree-that too many commit
crime and then plead for clemency
He directed the attention of the court
to the section of the statute permit
ting probation of a convicted person
but claimed that under another sec
ton person found guilty of admins
tering poison was not eligible to pro
baton. He said that the state de
manded that Lee be punished by 8
term in the penitentiary under the
statute. Mr.. Cromley strongly urged
proper punishment.
Mr.. Koons, stated that he believed
the time would come when the prose
cutting attorney, when he grew older
would regret his words just uttered
that modern law and experience was
against the old idea of an eye for an
eye and tooth for a tooth, and was
against vengeance. The authority of the
court TO exercise clemency had bach
of 1t christianity and civilization, and
that the doctrine of the prosecutor
does not conform with the modern
theory of law.
Judge Wickham then rendered his
decision in the matter. In the begin
ming he stated that it was not the
province of the prosecuting attorney
to insist upon execution; that In 9
criminal case when motion for new
trial has been overruled, the connec
ton of the prosecutor with the case
terminates, and it is not for him t.
suggest any further proceeding. He
referred to this stand being taken by
the prosecutor of Licking county il
recent case, in which he refused tt
make any statement to the court II
reference to the sentence when tha
stage in the case had been reached
claiming that his duties had ceased
and that the matter was entirely IL
the hands of the court. Judge Wick
ham commended that position for tn,
prosecutor to assume.
The court referred to the section
of the statute permitting court t,
exercise parole, or probation, unde
the same provision that permits parol
ing prisoners from the penitentiary
in which case the person so parole,
would be placed in the custody of tn
sheriff, secure employment and max
monthly reports.
Judge. Wickham, stated, however
that it is the inherent power of
court to suspend its own sentences
this being made very clear by a dc
cisian of the supreme court; that tn
section of the statute referred to b
| the prosecutor has to do only wit
paroles, and does not touch upol
suspending sentences.
Judge Wickham stated that cour
1 sci for the defendant had we'll sal
shat 1t was great responsibility TO
the court to assume in the matter c
sentences; that no one who had nc
had the experience could ever appr,
ciate the feeling of the Judge. II
said that it was a mistake for tn
state 20 want punishment that ths
was vindictiveness; that the theor
of the law on imprisoning a perso
was three-foid- deterrent {
others, to protect society and to wor
a reformation. At some length, jude