The Detroit times., 1916-12-05
We Are Not In Favor
of Jail Deliveries, But We
Are In Favor Of Justice

Joseph A. kerwin was sentenced from
Detross TO the federal prison in Leaven-
worth. ~ years ago. for life. for theft.
The theft was committed on steamer
Of the Detroit g. Cleveland Navigation
company and received classification un-
der federal law asv robbery on the high
eeas, accounting for the life sentence.
This law. which may have been neces-
sary and all right in the day of Captain
Kidd, when piracy was one of the great
perils of navigation, has been construed
by congress, since Kerwin was sentenced
under it, as just bit off balance and
barbarous, and changed so that the maxi
mum of punishment for the offense Ker-
win committed is now Is years.
The long years Kerwin has served in
prison for his act have been years Of
regret-and hope.
They have been, also, years of prepar-
alton for time when, as he had trusted,
his country would come to appreciate
as it has done, that it inflicted upon him
punishment out of all proportion, in the
name of justice, to the offense commit
ted.
He has been an exemplary prisoner
and has applied every spare moment to
educating himself, having taken cor
respondence course in the study of Eng
lish and mechanical engineering, to fit
himself for usefulness TO society, if given
q chance to return to il and make good.
Only one Detroit newspaper has OPP
posed the movement to have Kerwin's
sentence commuted to the maximum of
punishment under the law at the present
time.
MAKE an example Of Kerwin," is the
position of that newspaper in an editorial
that certainly could not have been in
spired by any such sentiment as that of
the old philosopher who said "the chief
glory of man is not in never falling, but
in rising every time he falls
Kerwin was not sentenced to prison
solely for punishment of Kerwin.
That fact in mind opposition to justice
for this man would seem to add in
justice, because it isn't clemency that is
asked for Kerwin, at all.
None of the many persons in various
parts of the country who have interceded
for him has felt called upon to add a
sob to his plea in the mans behalf.
None of them has indicated belief
otherwise than that Kerwin's crime call.
ed for term in prlson-the length of
that term, alone. is the issue raised.
And 1t has been raised with the fact
In mind that the punishment Of Kerwin.
III itself, was a secondary consideration
at the time sentence was passed.
1t has been raised with the fact in
mind that the law is not vengeful, but
merely insistent that society shall have
the benefit Of its deterrent effect.
Kerwin has paid his full share to So
ciety by serving as an example for il.
IL Is inhuman, In view Of the circum.
stances, for anyone to suggest that this
man should be longer confined in contra
diction of both the spirit and the letter
Of new law that stands as an admission
that prosecution in his case was persecu-
ton that will be persevered i'm so long
from this day on, that he is deprived Of
his liberty.
Society is entitled to its due, beyond
doubt. but should ask no more in fact
ASKS no more.
Society is entitled to its due, but so is
the weakest member of il.
Society must have its due, to endure
and last. but 10 preserve itself well il
must first establish that its foundation
Is JUSTICE.
This editorial has not been written in
behalf of Kerwin. nor in favor Of Jail de-
iivcrics, but in behalf of JUSTICE.
That is all that is asked for Kerwin.