New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1918-06-28
CHARACTER AS
SASSINS REBUKED
BY JUDGE LEAHY

| those who circulate libel and goS-
sip destructive of the good name
and reputation of other people that
will long be warning to such base
offenders. Judge Leahy draws the
just conclusion that man who steals
calf or a sack of flour commits
an offense which is slight in COM
parison with that Of the person who
maliciously attacks the character of
another with words or written libel.
The last chapter in the now famous
cases against Jerome Clevenger, w.
G. Ogle, and c. N. Higgins was writ
ten when Judge David J. Leahy
sentenced each of the defendants to
six months and not more than nine
months in the state penitentiary, at
Santa Fe. Attorneys in each case
gave notice of appeal.
In passing sentence, Judge Leahy
outlined briefly the gravity of the
offense and drew most unfavorable
comparison between a cattle thief,
who, he declares, must spend not
less than one year in the peniten-
tiary, and the man who deliberately
seeks, to destroy the character Of
another.
Judge Leahy's remarks were in pan
as follows:
You have been tried and convict
ed of the crime of criminal libel.
and it now is the duty of the court
to impose upon you sentence COM
mensurate with the crime charged.
In imposing sentence considerable
latitude is given the court, the mini
mum sentence prescribed by statute
being a fine of $l00, while the max
imum is a fine $1,000, and term of
two years in the penitentiary.- In
Imposing sentence the court must for
get the individual, the wronged and
the wrong doer alike and seek only
to do his duty by society in gen.
eral by doing that which. under his
oath, his conscience tells him is right
and just. Punishment is not inflict-
ed in courts to crafty the spirit of
revenge of any individual, but in the
hope and belief that an evil wrought
by the misdeed of an individual will
thereby be remedied, in so far as
human agency is able to effect a
remedy, The theory being that ii
it is known that the commission OF
such a crime is certain to be fol-
lowed by swift and adequate pun
ishment, persons intending to COM
nit such crimes will be deferred from
so doing, especially where the crime
to be committed is deliberately plan
ned as in this case. In determining
the punishment to be inflicted, / be-
lieve the court should carefully con-
slider the effect the commission of the
offense has on society in general,
rather than the effect it has on the
individual wronged. This may be
done by comparing the offense with
other crimes together with their
resulting consequences to society. For
instance, the man who steals one
head of meat cattle, yearling, does
not steal a thing of any great value,
but such offense aims a blow at
the cattle industry, which is one
source of wealth in this part of the
country, and the man who commits
such offense, when convicted, never
receives a sentence of less than one
year in the penitentiary and fine
OF $500 Now, which of the two
commits the graver offense, the cattle
thief who steals yearling. or the
character assassin who would ruth
lessly, by circulating false and scan
dalous statements, DESTROY. the
character and reputation destroys
that initiate his family? Which is the
greater menace to society? These
questions are worthy of careful con-
sideration. The man who steals
yearling, steals something that is
easily replaced and the entire trans
action is soon forgotten, but the man
who robs another of his good name,
fame, character and reputation des-
troy that which can never be re-
placed. For no matter how much
or how often man may be vindic-
atcd by judicial decision. many there
are who will shrug their shoulders
and say where there is so much
smoke there must be some fire. Un-
der our form of government, every
citizen possessing the qualifications
prescribed by the constitutions and
laws of the nation and state has the
right to become a candidate for Of
IlACs- Cul id"o "
protection in that right, the same as
in other rights. For instance, the
right to own and hold property. This
protection is given the individual by
means of remedies and penal stat
utes. We have learned from ex-
perience that failure 10 enforce
penal statute will result in its being
disregardCd and in an increase in the
number OF crimes OF the character it
was intended to prob bit. A failure
TO prohibit cattle stealing Will mean
more thefts OF that nature. And
the same is true of any other crime.
commensurate with the offense is
rot inflicted the natural conse-
quence will be that more libels will
be published and circulated to the
lasting disgrace of the indiy dual
wronged and the humiliation of his
family. If a man is not protected
in his right to become candidats
for office, the man of cspcctability
and integrity. the man who desires
to save his family from humiliation.
will hesitate to become such candi-
date. esp ecially in cases where tho
holding of the office entails a loss
TO the occupant thereof And in
such cases only those lacking in self
respect and love of family, and pos
sibly of questionable ability, will be
found to fill such offices.
Such a state of affairs would be 4
sad commentary on our form OF
government. Taking this view of
the situation. which certainly must
be the correct view, the duty of the
court seems clear. If l am to keep
inviolate the official oath which