The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-01-06
LOSESLONG FIGHT
TOESCAPE
Charles earliest, Painted Check
Forger, Must Go to
Sing Sing.
TERM OF TWELVE YEARS
His First Crime Was Blotted Out
by Pardon From
SO Roosevelt.
TERM OF TWELVE YEARS

New York, January 5.--Charles CARL
esi. who was convicted last February
as the head OF band OF painted check
forgers which is said to have swindied
banks in New York and other cities
out OF 100000, was ordered to Sing
Sing yesterday by the Appellate d.
vision Of the Supreme Court to begin
20 serve a term OF twelve years and
eleven months. Carlesis scheme was
20 make acknowledgements of real
checks and TO have them touched up
by an artist.
earliest. who has spent small for
tune trying to keep out Of Sing Sing,
retained George Gordon Battle to fight
his case in the Appellate Division
shortly after he WAS convicted of forg-
cry in the second degree as a second
offender a certificate of reasonable
doubt was granted TO him by Supreme
Court Justice Blanchard on his plea
that the Indictment as a second Of
fender was invalid. He has since been
out on bail.
Ins 1nAiCtnent against SdflcSi
charged that he was convicted In the
United States District Court in 1892
Of selling counterfeit silver dollars anc
was imprisoned IN the Monroe County
Jail for three and a half Years and
fined 81. earliest admitted the conyic-
ton, but conten6ed that q full pardon
was granted to him In 1904 by Presi-
dent Roosevelt, with restoration OF his
civil rights. and that his record there
after was that OF a man who never
had been convicted.
It was upon this plea that earliest
was admitted to bail and II was the
real question involved in the appeal
before the Appellate Division. Car
lesis attorney based his argument
chiefly upon the ruling by Justice Field
In q case decided by the United States
Supreme Court. IN which Justice Field
said:
"a pardon reaches both the punish
ment prescribed for the offense and
the guilt of the offender. and when the
pardon IS full il releases the punish
ment and blots out OF existence the
guilt. so that IN the eye of the law the
offender IS as innocent as X he had
never committed the offense."
Justice Miller. writing the opinion
IN the earliest case, said that Carlesrs
full pardon by Presiden, Roosevelt did
not blot out" the fact or record OF
his conviction, but merely restored
the defendant to his civil rights. The
court said that under the laws Of this
State, one who commits a crime after
having been convicted of another crime
is punished for the second offen5e. to
which a greater degree Of criminaiity
is attached. AS to the effect OF Pres
ldent Roosevelt's pardon on Carlesis
second conviction, Justice Miller said;
1t was surely within the province
of the Legislature TO attach much
greater c-iminality TO the second or
Tense from the mere fact OF convic-
ton for a first, and the executive by
the exercise OF the pardoning power
could no more interfere with that
exercise OF legislative power than the
Legislature could interfere W1th the
power o pardon"
For wears earliest had conducted a
cellar saloon at Thirteenth street ana
Avenue n, which the police SAT has
been the headquarters not only OF a
shrewd band OF forgers. but of black
rnailers and bomb throwers- His con-
viction was due TO the fact that after
the artist he employed to retouch
checks had used So check as a
model earliest. instead OF destroying
it. sent il TO the bank and cashed VI
Even then il took the police four years
to get enough evidence to arrest Car
lest.
In 1907 a. forged check for $4,000.
signed by t1ie president Of Fies. Doerr
x Carroll, was CACHED by the Aercan-
tile National Bank When It came
back to the firm II was recognized
az having the same series number as
check returned some time before. Ex-
perts found that The signature on the
check was not only a forgery, but
that the check itself was photo
Autograph OF the other check The
shadings of the letters he'd been zone
by hand with q brush
A few days later the s35 check bear
INK Carlesi's Endorsement turned up
All A bank. and watch was kept on
CarIesi's saloon. The detectives found
that members of CarleSis band were
established In various parts OK the
city as business m,ens anu with casn
furnished by earliest opened accounts
in ne!ghborhoCd banks. In course OF
time a check for a large amount was
deposited the money was collector and
the account closed. The big check
WAS always bogus
shortly before earliest was arrested.
on November Z. 1911. his artist fed
the country with q woman who sang
in the Metropolitan opera chorus