Imperial Valley press., 1919-02-14
JUDGE COLE
IN NDEFENSE Of
PR ObA I | D n
HERE

| o"uSe Coie VI Cne superior court
stoutly defends the operation of the
probation law in this county and in
the following letter answers The
Press article of yesterday:
Gel Centre, Calf, Feb. 10, 1919.-
Editor Press-Dear Sir: Your article
in The Imperial Valley Press >of
February 13, criticising the proba-
tion system here, prompts me to
make reply thereto, for it is quite
| evident that your writer totally
failed to investigate any of the facts
pertaining to any of the cases al
| luded to in your article, which un-
justly criticises the district attorneys
office, the probation officer and the
court.
eff the responsible parties or
well known citizens who volunteered
their criticism to your reporter have
any facts to divulge regarding Grim
inal cases, they should in justice to
the public and to the court officers
present the facts to the proper Off
GERS instead of to the newspapers.
"In order that you may know how
unjust your criticism appears to one
who knows the facts, | will mention
some of the Incidents relating to the
cases mentioned in your article.
GAS to the two young men recent
ly arrested for forgery, the facts
are as follows: Joe McCaffrey drew
a check for $26 on an Imperial bank
ond signed the name of well-to-
do rancher to tie same and gave it
to Claude Bearisto to cash, which
ne did at the tsore Of merchant in
Imperial, and divided the proceeds
with MiCaffery. Within few hours
Bearisto was arrested and lodged in
the city Jail of Imperial, whereupon
his pal McCaffrey during the night
passed some steel saws in through
the Jail window for the purpose of
assisting Bearisto to escape, but in
stead of endeavoring to escape Bear
isto informed the officers who the
guilty party was and gave them the
necessary information to secure Nc
Caffrey's arrest and conviction. Nc
Caffrey denied his guilt and was
convicted bv jury. Bearisto admit
ted his guilt and asked for proba-
ton.
McCaffrey is 81 years Of age, has
no wife, family or parents and no
regular place Of abode, and under all
of the circumstances was not con-
sidered a proper person for proba-
ton.
"Bearisto is - years of age, plead
guilty and saved the county the ex-
pense of a trial. His mother refund
ed the money secured on the forged
check and satisfied the probation Of
ficer that she and the boys father
would furnish a good home for him
and see that he was regularly en-
ployed. There was no evidence that
his parents are well-to-do, but the
contrary is the fact.
"The case of bigamy mentioned Is
one of 17-year- old girl who mar
ried a Hindu at Ell Paso and was
brought to the county by her Hindu
husband, whom she left a few weeks
after their arrival and married a
young white man without securing a
divorce from the Hindu. When her
parents in Oklahoma learned of her
escapade and arrest they sent an at
torney here to endeavor to secure her
release and get her restored to the
| custody of her parents, who agreed
| to have her made a ward of the
court under their jurisdiction. She
was released from custody here and
| returned to her parents, thereby en-
deavoring to save the girl from a
life of shame, and also saving the
County of Imperial $13 per month,
which this county would have been
obligated to pay for her support and
education in the state school for
girls until she became q years OF
age.
"In the case mentioned of an as
sault with deadly weapon, an in
toXicated rancher attacked two diff
ferent persons with his pocket knife,
which in law is deadly weapon, and
he was arrested on two charges. In
one case he was tried and convicted
by jury and fined $4,000. which he
paid. In the other case he entered
a plea of guilty and was placed on
probation for two years, and my IN
formation is that he has not touched
drop of liquor since.
81 could likewise go through the
criminal docket and describe each in
dividual case if necessary to show the
fallacy of your criticism that "some
with pronounced criminal tendencies
were given their freedom"
"On the contrary, the records show
that thirty EIGHT criminals received
their sentences, while only three were
placed on probation during the year
1918
"Criticism of friends of those who
fail to get probation, and others who
do not familarize themselves witt
the facts, tends toward reducing the
number who may get probation to 8
minimum and excluding all but ex.