New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-01-22
.DOPEY BENNY'S FATE
MAY BE II YEARS
Indictment as Second Or
fender for Carrying Re-
vOIver Now Likely.
.COWED CANISTER
HAS LONELY DAY
Faces Exile from East Side
Haunts if Convicted as
"Habitual Criminal.

BENJAMIN Foln known "a "Dopey
Kenny" successor to big Jack Zelig,
East side gang leader, had lonesome
cay yesterday in his Tombs cell lie
saw no visitors except Charles G.. f.
Wahle. his counsel. 1t is doubtful II
! lis counsel told Benny" OF the further
trouble that is brewing for him. al
though Wahle put I'm strenuous Gay
trying to mitigate IT.
A second indictment, charging rem
with carrying a revolver as a seconu
offender. IS under consideration. Inc
District Attorney, it was said, VIII con-
suit to-day regarding the advisability
OF seeking the second indictment with
Judge Malone Of General Sessions, be-
| fore whom Benny" was convicted early
Yesterday morning Of assault. This,
! II IS understood. is to be the plan oy
which the Public Prosecutor hopes TO
drive the gangsters out Of the city.
! If the present indictment for carrying
q revolver were changed to describe
the gangster as second offender II
would mean that If convicted lie might
Get fourteen years instead of seven.
Judge Malone has the reputation or
being a severe Judge. Gunner and
hold-up men convicted before him have
received maximum sentences again ana
again. Although he refused to discuss
the case yesterday it is said that he
considers "Dopey Benny" menace to
society.
More than once Judge Malone mas
designated old offenders as "habitual
criminals" in imposing sentence. I'm
der the law he may describe as such
any person convicted of a felony in
this state who comes up for sentence
again for any crime committed within
the state. Under that law "Dopey
Benny could be described as an "ha-
bitual criminal"
That would mean his exile from New
York. 4 man who has been adjudged
an "habitual criminal" is fair game for
any policeman who comes across him.
The term means that the man so de-
scribed is subject to the authorities in
exactly the same manner that a minor
is subject to his parent or guardian.
The police do not make easygoing
parents for gunner, and "Dopey Ben
ny" would be more than likely to prove
an intractable child" He could be
picked up on the street and hailed be-
| fore a magistrate on a disorderly con-
duct charge upon the slightest excuse.
and II is more than likely that II he
remained I'm New York he would spend
the remainder Of his days either in a
hospital CT on Blackwell's Island.
That Judge Malone is not inclined TO
lcniency In "Dopey Bennys' case was
evident yesterday, when the case
against him for carrying concealed
Weapons was called in General SEES
sions. Instead Of suggesting that as
Benny was already facing five year
term in Sing Sing the second indct-
ment might be "shelyed," Judge Ma
lone asked if counsel for both sides
would be ready for trial on Tuesday.
James O'Maley. Assistant District
Attorney, answered that the prosecu-
ton was ready. Charles G. +. Wahle,
Fein's counsel, also answered ready.
although he wanted to be certain
whether the trial would proceed then,
as he was about to enter another case,
which might last until Tuesday. Judge
Malone said that even with the case
on Tuesdays calendar II would scarce
~ be reached then, as a special jury
had been summoned in another case.
With that understanding Feins attor-
ney also answered ready.
Since Judge Malone appears 70 favor
pressing the second indictment even if
a superseding indictment is not found.
II is probable that the sentence which
was TO be imposed upon Fem to-mor-
row Will be postponed.
nm rEnEnHI nEhIXN AIntlf