Putnam patriot., 1913-11-21
HOwARTH'S SENTENCE
Effect MiscOnstrued By Public
Beyond Doubt He Will Be Confined More
 Than Minimum Term.

The impression received by the pub- lie of the effect of the sentence imposed by the court on Frank E. Howatth, which opinion is being quite frequent. ly expressed, Is that he will not be re- quiTed to serve more than the mini mum sentence of years, less time off for good behavior. While this is pos sible 1t is far from probable.
 Under the law of Connecticut the court is left no discretion as 10 the manner in which sentence is imposed. Under the statute it Is mandatory upon the court to impose a minimum and maximum sentence on the first count. If there be two or more separate of- lenses, as was the case in this instance, where the term of imprisonment for a second or further term is ordered to be- gin at the expiration of the first and each succeeding term of sentence, the court imposing said sentences shall name no minimum term except under the first sentence
 In the Howarth case the longest sen tenee the court could impose under the statute was minimum of 9 years and a maximum of 10 years on the first count and such periods of years on each of the other counts not exceed ing ), as the court saw fit, and how ever many that might have been the minimum would not have ,been changed.
 For instance, ,shad the case gone to the jury, and they had returned yer dict of guilty on each of the s fires and the court had imposed sentence of not less than s nor more than 10 years on the first count and then years each on Inc remaining counts the mini mum would still be s years while the maximum would have been 24 and it would still be possible to parole the prisoner at the end of the minimum term, less time of for good behavior, but it is readily seen that the prison directors take into consideration the circumstances of each case before they grant parole.
 A prisoner confined in the states prison is allowed months year cii for good behavior for the first 5 years, and three months A year for each succeeding year so, assuming Howarth is a model p. ler he will receive a reduction in thtae Of years and l month in his t4tal sentence which leaves A term of l0 years snd l l months to serve.
 It is of course possible for the prison directors to parole Howarth at the end of his minimum term, less time for good behavior, but it is beyond prob ability that this will be done when the facts and circumstances of the case are taken into consideration. Farther more it has become customary for the directors to consult with the officials interested at the time of commitment of the prisoner before parole Is granted and beyond doubt the officials inter- esled in this particular case will oppose such parole. 1t is therefore safe to as. sume that Howarth will be confined in the prison for the fall term, 10 years and II months, which is the maxi mum sentence less time off for good behavior.
 In the Cain case the statute provides that sentences to the state reformatory, unless for period of more than years, shall be indeterminate. Under such indeterminate sentence, as was impos- ed in this case, the maximum of con finement is years and while the pri- soner may be paroled at any time after one year he nevertheless remains sub- ject to the officials of the institution for the full period as is the case with all paroled prisoners.
 From the foregoing il may be safely assumed that more than the minimum sentences will be required of these young men, the sentences therefore be- ing more severe than the public mind has considered in it's acceptance Of the