New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-17
JAIL AND FINE OF S5OO'
Court Denies Jerome'S Plea tor
Leniency for Poultry Men.
CALLS THEIR OFFENCE MEAN
The Thirteen to Remain in Tombs
Pending Proceedings for Ger
tificate of Reasonable Doubt.

Each of the thirteen commission mer-
chants and jobbers convicted of conspiracy
to maintain monopoly in live poultry in
this city was sentenced in General Sessions
yesterday by Judge Rosalsky to serve three
months in the penitentiary and to pay
fine of $500, or serve one day additional
I'm Jail for each dollar of the fine unpaid.
Later I'm the day District Attorney Whit
man was served with an order signed by
Supreme Court Justice Ford to show cause
why a certificate OF reasonable DOUBT
should not be issued.
The order, based upon an affidavit by W.
r. Jerome, of counsel for the defence ana
staying execution Of judgment, Is return
able tomorrow morning at 1920 O'Clock be
fore Justice Delany Should the certificate
be granted the defendants may be adj
mitted to bail pending the disposition OF an
appeal, notice OF which also was served
upon the District Attorney yesterday. The
convicted men will have to remain in the
Tombs In the meantime.
The courtroom was crowded when the
prisoners, after a night spent in tho
Tombs, were arraigned for sentence. Coun-
sci for the defence pleaded for judicial
leniency, urging the court 10 consider the
effect OF imprisonment upon the families
and business Of the prisoners.
Both District Attorney Whitman and AS
sistant District Attorney De Ford, who
conducted the prosecution, spoke in favor
of prison sentences.
81 submit that only so much punishment
should be meted out" said Mr. Jerome
las the public necessities require TO pre-
vent such practices as those Of which
these men have been convicted
1T is true that the object of the law
is to prevent the continuance of acts FOR
hidden by law" replied District Attorney
Whitman. THAT IS why this trial has
taken place and these defendants have
been convicted.
ut is true they are not great money
magnates. God help the people OF this
city If they had been, They didn't control
gigantic enterprises, but in so far as they
could they deliberately extorted money
from those who were as little able to pay
az any people in this land. They took adj
vantage Of the fact that there was a large
percentage of the population whose re-
ligious tenets made it necessary for them
to obtain certain kinds Of food, which
these defendants controlled.
Il want TO say that there are many peo-
ple I'm this city and in this country engaged
I'm businesses controlling various food sup
plies who are getting dangerously near the
line that separates illegal from legal acts
"If It goes out from this court that In
the opinion OF this justice here fine, how
ever large or small, is adequate punish
ment to protect the community from this
kind of wrong. I don't believe 1t Will be
possible to cure or prevent the conditions
with which your honor has been con-
fronted and I'm which the public is kcenly
interested.
"A fine would he little more than
license TO violate the law. The only way
10 end these conditions is to get hold OF
the men responsible and not bring in
verdict against corporation. | urge the
imposition of sentence that Will be some
thing more than a fine"
Judge Rosalsky said before imposing SEN
fence that the offence was "a mean and
insdious crime, stealthily committed, and
usually by men Incorporating in the garb
NJ GOOD repiIte"