New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-21
SUSPENDED SENTENCES
NOT ON TRIAL F0SO|CK
Continued from first page.

the afternoon of January %, 1911. the
indictment charging that they had AZ
tempted to enter the living rooms OF
Morris Omeglia, at that address the d'-
tective picking up jimmy dropped ,!
Ristino. which fitted marks on Omeglid
door.
THE case against Ristino." says MT
Fosdick's letter, was brought To trial
March %. 1911. in Part V, of the court
Of General Sessions, before Judge .lt'-
queen The people were represented by
Oswald y. Jacoby, deputy assistant
district attorney. The case had 'ro-
gresscd 50 far as the redirect cXamlna-
ton Of ne first witness Detective Mur-
ray when the following coloquy took
place:
Mr.. Jacoby TO Detective Murrayl-Did
You ever take this jimmy upstairs into the
The Court-How is that material? ! will
sustain an objection. -.
Mr. JacoDy-I want 70 show that the hih-
my marks fitted into the door
The Court-ln view OF the statement
made by YOU / will direct this jury TO rem
der verdict Of not guilty. q,
MI JdGOiIN--l SltltN II III ny 'i''''''''
couldn't prove it in any other way. me
officer went back and fitted IT,
The Court-Thc officer did not go back IN
time. You have no right 10 repeat thaI
now. so ! sustain the objection. sit down
direct "A verdict Of aCquittal Tor Improper
conduct OF the District Attorney In the
trial of the case.
"A verdict IF not guilty was thereupon
rendered by the jury" Mr.. Fosdick
writes. at the same time Judge Null
queen dismissed the indictment against
Picony. who had been arrested with
Ristino"
Commissioner Waldo took the same
stand as Mr.. Fosdick. in response 10
questions about tn CntermNer state
ment The Police Commissioner VINO
was responsible for the start OF the open
criticisms against The courts leniehcy'
said Yesterday that he was not opposed
,o tho principle of suspended sentence,
but that H. was firmly Opposed 10 the
abuse OF the principle.
Reports Of the Police Department from
January |. 1911. to May 10, 1872, showed
xii convictions. with lao suspended
sentences. in the entire city. or THESE
suspended sentences five were in assault
and robbery cases. ninety IN burglary
cases and seventeen in pickpocket cases
ALI crimes against property and person.
These summaries include only ;he ar
rests by detectives and take no account
of the arrests by the uniformed force.
In tbc same period Of time property to
,bo value Of 81 .3OS. GEO has been reported
et,lon and S752. 81" worth Of that has
been recovered.
Gases Cited as Abuses.
The records and reports az Police
Uoadouarters disclosed also number 81
cases ~ which PEI sons then out on sus-
,onded sentences were arrested Tor later
feIonies committed at the very time they
wore al iiberty on such suspended sen
tences Among these We're the follow
ing:
Samuel Guild. alias Goldstcin. on whom
sentence was suspended on March L.
1909. by judge Grain. when the DEFEND
ant was charged with grand larceny. III
January 1912. sentence was suspended
on the same man by Judge Mulqueen.
! uben he was charged with another
grand larceny.
Uonnie Miller. alias Fannie Goldman.
was sentenced March !. 1901. 10 one
wear and six months in Auburn by Judge
nike The charge was grand larceny.
She served that term, and on November
1905. she was arrested on similar
charge. but discharged 10y magistrate
November H. 1905. she was again ar
rosted under a similar charge and dis
charged bv Magistrate Higginbotham
and on March -. 1910 she was ar
raigned before Judge Mulquecn on 4
similar charge and sentence Was sHs-
rendcd. on June ~, 1910 she was
brough. up by n probation officer for not
observing the parole Law. was again re-
leased and on March #, 1911 was ar
rested again. also for grand larceny
iumped bail. and is still at large.
Frank Moore, alias Frank II. Muehl-
field got suspended sentence from Judge
Grain on November >, 1908, when ar
raigncd Tor attempted puISI"IE' anu OH
Nav :. 1912, he was arrested and
charged with the murder Of Patrick
Burns. the Bronx saloonkccpcr who
was killed in February. 1911. Moore is
now awaiting trial.
Mathew Finn. alias Frank White, was
arrested January -, 1910, for burglary,
tried in the Children's Court, and re-
coiyed a suspended sentence from Justice
deuel., on March 81. 1917, he was ar
rested charged with robbery and at
tempted fclonious assault on Cortlandt
street elevated station agent, and SEN
! fenced TO from one TO ten years by Judge
Foster; this crime was committed while
he was out on suspended sentence for his
| earlier ENHANCEMENT with the law