The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-09-10
ARMY SENTENCE FOR
THIEF Anglers BELL
Commander of Eastern Depart
ment Resents Action of
Judge Rosalsky.
COWBOY ALSO A CRITIC
Pardon Promised Second Of
fender That He May Accept
Service Instead Of Jail.

With the echo yet in the air OF pro-
tests from both the army and navy
against Judges making it optional for a
criminal TO serve a sentence in prison or
an enlistment in the military forces
Judge Rosalsky "se utenced' a twice con-
victed man yesterday in General Sessions
Court to serve in the National Army.
When informed OF his action Major
Gen. J. franklin Bell. commander OF the
Eastern Department. and Martin Conboy.
director OF the draft of the city Of New
York. both commented upon the case as
it was thus read to them:
After being found guilty OF grand
larceny for the second time. Alfred Ram
berg, aged % years. 4s3 East 120th
street, was told by Judge Rosaislsy in
General Sessions Court yesterday that
he was destined FOR the army instead of
prison. the ordinary course for convic-
ton of crime.
II am not going to send you TO Jail.
am going to have you indicted into the
United States Army. When a man COM
mits a crime during war time II is pretty
near treason" Judge Rosalsky began.
addressing the prisoner. who had pleaded
guilty to the larceny Of silks valued at
$500 while on parole from Elmira, where
he had been confined sor a similar Of
fence years previous.
Promises to Get q Pardon.
There is a crying need for man power
just now" he continued.
will you fght?'
Yes" the prisoner readily answered.
Very we'll, then. / will get a pardon
from Gov. Whitman for your first Of
fence. Are you physically fit?
I'm sound as a dollar, Judge. your
Honor, And I registered while II FL
mira with local board 1866" RI .nberg
answered.
Court Capt. George Haupt was in
structed by Judge Rosalsky to procure
the necessary papers in the case for sub
mission TO Gov. Whitman.
After the facts were related to him of
the opportunity afforded a criminal to
choose between n prison sentence and
the army Gen. Bell said he considered
that method of disposing of such a case
highly injudicious and inconsistent with
the policy and interest OF the army and
of the nation.
1t is contrary to law in ordinary
Ge.. Bell said. The National Army is
composed OF the best of the nation and
il not refuge for criminals. 1t seems
strange that in face OF such repeated
protests from the Army and from the
War Department against the army being
looked upon as convenient and appro-
pirate reformatory for criminals Judges
can still be found who propose to send
criminals into the army instead OF SEN
fencing them TO just punishment in a
prison or peniter tiary.
Wonders what Parents Think.
II sometimes wonder what the thou
sands upon thousands OF respectable
parents who have children in the army
must think of Judges who consider
criminals At associates for their sons
he concluded.
Mr.. Conboy said:
Il regard II as exceedingly unfortu-
nate that any Judge either in New York
city or elsewhere should regard the
Army OF the United States as an alterna-
tive institution TO a prison for the re-
cept!on of men convicted of crime"
Repeatedly Magistrates an6 Judges
have sentenced" men convicted OF crime
TO either the navy or army for service.
The enlisted man resents having a GRIM
inal foisted upon him by the whim of a
Judge The Marine Corps won't stand
for il. Several soldiers and sailors
stopped at random along Park Row last
night and asked what they thought OF
sentencing a criminal to the service, ex-
pressed vehement opinions in forcible
language. The composite opinion after
being censored. the major part being
deleted. would read:
That's a helluva deal 10 give us