New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-16

lowed a series OF newspaper d'llcieh COM
menting on the constantly increasing num-
Der OF such suspended sentences, adding
that the growing percentage OF such SEN
fences had put at liberty in New YORK
County ali army OF approximately forty-1ye
hundred convicted criminals. The par BE
system, ne said. was farcical and could
not be otherwise, considering the fact hat
about half dozen probation officers. some
Of whom were women. were supposed 10
look after such a growing army Of paro."d
criminals.
Two Months for Hlehwaymen.
In the same address Mr. Nott gave thc
details Of nine specific cases OF suspended
sentences, every one Of which. 1t IL Ie-
ported H. now under consideration of the
Bar Associations Investigators I'm one Cf
these cases the defendant with q record Of
several prior convictions of felony. knocked
down a man who was returning from the
theatre with his wife. lie then struck the
woman IN the face, and robbed the man Oi
hi4 gold watch. was caught running away
and was found 10 be even then out on d
suspended sentence.
The presiding Judge announced that he
that his heart was moved with pity 'or
this unfortunate defendant. Upon the DIS
trict Attorneys appearing personally TO
protest. and his statement that he would
test the Judges right to suspend sentence
on second offender under the provisions
of Section y OF the Penal Code. the judge
finally sentenced the defendant 10 two
months I'm the penitentiary.
I'm another case tho defendant pleaded
Guilty. 10 grand larceny and received sus-
pended sentence Some months later the
ss,ua man was arrested FOR another lar
cenv lie was indicted. and in default OF
hail committed 10 the city prison 10 await
trial When his case appeared on the cal
endar the District Attorney applied to 'he
irdge who had previously suspended SEN
fence 10 revoke that suspension and Impose
sentence on the old Indictment This the
iudec refused 90 do.
Later il was found that the complaining
witness on the second indictment had gone
to Europe. and the Assistant District At
torney in charge of the case thercupon in
dorscd a recommendation for the defend
ants discharge. 1t then appeared that the
defendant was not in custody. and no rec
ord Of his discharge appeared on the indct-
m.nt on which he was held. II was found.
after Investigation. that the Judge. without
notifying the District Attorney, had sent
for the old indictment on which he had
once suspended sentence and Endorsed there
on the words, THE defendant is hereby re-
paroled," and directed the warden OF the
city prison To set the defendant free.
The minutes In the trial Of Isdor lie
,.nc before Judge Mulquccn. to which Com
missioner Waldo referred in his address
last Sunday night were transcribed and
delivered to that official yesterday by Stew
DO not show the remark attributed by Mr..
Waldo 10 Judge Mulquccn. hut their clos
ing paragraphs rs sworn 10 by iiddoll be
for" commissioner Fosdck Yesterday. dis
closed Il slightly different ending To that
trial. which is similarly under nvestiga-
ton by the Bar Association
Toward the end Of the presentation nt
TN" peoples case 10y Mr.. McCormich. As
ss;snt District Attorney. that official Is
d5hed as saying:
''rhc defendant pleaded guilty IL. the
police court. ! think. your hcnor--vill Won
let me see the papers"
Whereupon the minutes ended with This
sentouce from tho judge:
Il GlTc-t YOU 2entlcmc-, q, 49, '-. d ter.