The Hawaiian gazette., 1915-11-23
MARCALLINO may
SERVE TEN YEARS
IN PENTENTIARY
Indeterminate Sentence of Two
Years Simply Fixes Minimum
FERN In Prison
AFTER THAT PAROLE
COULD BE GRANTED
~, e.
Punishment Stands At Maximum
Unless This Is Done Or
Governor Pardons

Considerable discussion has arisen rs
to the length Of the sentence meted out
to John Mar"allino in the circuit court
Saturday, and to make the matter clear
The Advertiser Is advised by Judge
Ashford Us follows: f..F
The maximum penalty fixed by law
In earh of these four cases is ten years.
The indeterminate sentence law as con.
strued by the courts is in effect a sen
tence for the maximum term allowed by
law.
Consequently, whenever n man Is
sentenced under the indeterIninate sen
tencr the law itself fixes his sentence
At the maximum. All that the trial
Judge can 10 is to name a period dur.
ing which the prisoner win not be elig.
| ible to parole under. the law. - ...F
After two years are up, The board Of
1 prison Inspectors may act on n parole
for Maracallino. In the meantime a
pardon may lie given by the Governor.
Until such time, however, as there Is
! action by either the Governor or the
prison inspectors the sentence win
stand at the maximum, less credits>re-
ceived for good behavior The sen
fences running cOncuTrently means that
tine the four sentences starts on the
same day and that the convicted man
will NOT hive to serve ten years on
each sentence. t MM
/ Prosecution Urges Prison "
At his first hearing two weeks ago
in Judge AshfOrd's court, MaTcallino
| pleaded guilty to one charge of embez,
element and Saturday before sentenced
pleaded guilty to the other three charges
Of tn" sam" ""ture brought against him
by the grand jury ..-.s. -
On the ga. 50 Of having embezzled
forty eight shares of the Oahu Railroad
and Land Company stock he was
sentenced TO not less than two years
and on each of the other charges to one
| year. MaTeallino held the power of at
torney Of Mrs. Julia Bishop Egan, for
mer resident Of Honolulu, now living in
aRsEeandrO, California, and the stock
embezzled was her property. III.
City Attorney Brown asked the court
to impose substantial prison sentence
on the defendant. In fact, Mr.. Browns
address on the subject was the longest
he has made in court in many years.
lie paralleled the cases of two former
observation-disclosures and Abrams-with
that of MareaIlino, i'.E"
1.-THE defendant in these eases is not
the young, immature man that Hogs
was" Mr.. Brown told the court, "nor
is he the old man of sixty three years
Of age that Louis Abrams was, when,
,pon their pleas of guilty they were
sentenced by tbs court TO pay fines Of
$1,000 each. MOI; has this defendant, rs
! am Informed and believe, made good
a single cent of the property embezzled;
whereas, in the cases Of Hogs and
Ahr""s. complete restitution was
made" 4" w~u
The question of restitution might not
enter into the question, however,
thought the city attorney. q
Eyes Were Wide Open
This defendant knew just as wen as
your honor knows, as ] know and as
his counsel knows, that the maximum
term of Imprisonment for embezzlement
Of $1,000 or more was ten years at hard
labor. The embezzlements Of the Egan
roperty by this defendant covered a
period Of several years. They were u
riea of embeHzirments committed BY
this defendant with his eyes wide open
nul t""'"ir the fearful risk he ran
ny 50 doing" a@t
Mr.. hru"n said, in closing, that 30 10
otherwise than pass sentence Of in.
priAOnment, would only put premium
on this kind Of violations Of the law.
Judge Ashford said that In regard 10
uast criticism of the work of the bench,
in the line of passing sentences on de.
PENDANTS, that, on the whole II had been
kindly. -
However, there has been some say
age AMI viciOus criticisms on the sen
fences of Hoogs ana Abrams, hut will
say that il | had TO do ii again would
repeat the sentences.
lie felt, nevertheless, that the sen,
fences in those cases did not meet the
moral sense of the community. This
moral sense, thought Judge Ashford,
was something that should be recog!
nincd and respected by anv person in
judicial or any other position,
Moral Sense Of People Right
~ believe that the moral sense of
this community il right" the Judge
went on, "but that it's stand is not
ALWAYS that taken by the newspapers.
81 d fer between this case aud the
others. In one the defendant was on
the down grade of life-an old man. In
the other the defendant was very
Young, younger in intellectual develop
mrnt than YOURS" he told Marrallino.
lyon, Marcallino, have neither H0C
the excuses that these men had