New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-04-14
"You Hold the Record for the
Largest Number of Suspended
Sentences" Latter Writes.
DEFENDS PROBATION SYSTEM
Court Declares Critics Statistics
Are Proof of Unreliable
Nature of His Depart
ment's Records.

SiOner Waldo. The controversy, NHlOH
started Friday when judge Mulqueen
ordered Deputy Commissioner Dough
erty out Of his courtroom, developed yes
terday into an attack by Commissioner
Waldo on Judge Mulqueen's record on
the bench, and, on the judges part, into
broad defence of the probationary sys-
tenn which Waldo accused him OF abus-
ing.
Commissioner Waldo reused the
judges ire by writing him Yesterday the
following open letter:
D,puty commissioner DouEherty informs
me that you denounced him in open I,.t,l cout !
for forwarding to you letter transmit :
ting an extract OF the record OF a prlsOIer
as compiled from the records OF tile Bu-
reau OF Criminal ldenuhcatioh oi minis tllS Us
sioner Dougherty was by my dlreCtion'
assume all responsibility tor ms letttl, Ut 20
which ] was cognizant In explanation ,oi vi
nv action | invite your attention to the loI,
lowing extract from the annual report oii
this department, showing the numDer Us
sentences suspended on convicted perSIVVn'
bv the various Judges during the year l'li 40
nv Judge Muluueen-Grand larceny, 80,
burglary, &c: abandonment. = assam, -
selling cocaine. ,. forgery, =, Ganpnuk' -
suspicious persons. 3: malicious mischef. l.
robherv. 3: rape. 2: stolen property In star
II: CARRYING concealed weapons, 4; total 10
"You Hold the Record
This report shows that you hold tie r, rec "a
ord for the largest number OF GII"gions =
Extracts Of records OF this depaTinen'
are not sworn TO, but merely lhElte ao,'V,i,,
ton 20 alleged facts Which may %, Ic"rd
verified nv reference TO the official recorus
Of the courts.
Judge Mulqueen. when seen al MS
home in the afternoon, was reluctant
he said. to enter into any controversy
with any one. especially the Police Com
missioner. It was plain however. lh't
no had been deeply stirred by the in
situations contained i'm Waldo's letter,
the contents Of which he had seen
though II had not been delivered TO him
personally as yet.
",rbe question Of suspended sentences
70 bic question" he began, but ! sup
nose that Commissioner Waldo since lhs
police have no work on hand at present
has had plenty Of time TO investigate
and settIe il. As there are no muir
derers or highwaymcn at large ne must
,oyo something to occupy his mind
But denv his right 90 interfere IN any
wav with me in the discharge OF my
duties. II ] feel that I need adNi'' OF
aid shall certainly not recognize nun
os tho source from which ! can R''
either.
"rhe law Of the state especially recog-
n,zes the propriety Of suspenden SELL
tepces and authorizes our court % 'Ae'
else its power in the matter whenever
the iudges deem proper. The sta''st''s
- commissioner Waldo's letter are sim
p,y another instance of the ta'Ia''ouS
and unreliable nature OF police recor"S'
at least all police records that nave
had ANYTHING to do with. ihe le''''
-, enumerate the nature Of the
charges against the prisoners on whom
7 suspended sentence. but II mas noun
inc 70 say Of the developments III the
,ndividual cases which led up To the re-
suit.
Conclusive Evidence Lacking.
.r,, ,oost of these cases. after the Dis
trict Attorney had examined In them'
tho prisoners were allowed 10 plead TO
,oIsdorneanors and especially was this
tho case in the three instances or ron
herv mentioned, II there were three.
rever suspend sentence on robber or
on a burglar who is guilty OF burglary
IN the real sense Of the term, or IN rape
cases AS the records Of the Gerry So
cietv will show, except where 1t was
n,ainlv advisable to allow the parties to
marry.
"Mv sentences are based on the Sound-
est principles known 10 law. The pro-
baton system as it exists IN our court
is the most perfect devised. II IS con-
trolled by charitable societies such as
,he Prison Aid Association. which has
haen in existence for one hundred years
tho Hebrew Protective Association, OF
which Louis Marshall is president, and
the Catholic Protective Association oil
which Cardinal Farley is president.
rho,, We have also some volunteers who
are devoting both time and money TO
deserving cases. We have at the court
IN, a representative OF the National
I eague for the Protection OF Colored
Women. of which William jay Schiefre-
~, 4. president. Every case is carefully
Investigated.
"I did not originate the idea oi the
s,,snonded sentence or the theory OF pro-
bation but | am a firm advocate Oh
=. ord where | can protect society
- ,,,ointain respect for the law. and
.ho same time save an individual 10
eocietv. | shall do so. In this way
a,, able 10 prevent people from Decom-
ing professional crooks. Oi course no
avstem is perfect, but we know that IN
,,.pv cases those sent TO staIe
hocome professional crooks and
q menace to society.
Probation System Hero to stay
..s..or suspend sentence In the case
-, ,ourder or homicide or roDDery' anu
81 notwithstanding the severity oi tue
os irnnosed everywhere for these
- cannot be claimed that the
of such crimes is diminishing.
,bar can il be claimed that the
mower 10 suspend sentences III c"SeS -.
Ice zravity causes an increase OF CRIME
The probation system has come u S'"' 3
and am glad to say it mas many "io''
able advocates than J.
The records will show that III 80 per
cont ~ the cases in which ! suspended
sentence the unfortunate men ana
women so set free are hVihs ueee"'iS
.,n1 ,bat no mistake was