Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-12-07
STIVENS SENT
BACK TO JAIL
Continued From Page one.)

date Of his sentence by Special Judge
| Frank Symmes in the City Court, and
that the sentence has been in full power
and effect since the hour that Stivens
was sentenced, although the trial court
suspended the sentence and then revoked
the suspension on Dec. A.
| STIVENS' COUNSEL
MAY TAKE ACTION.
Attorney Dan Brown, counsel for Sti-
Gems, probably will take some action in
city court attempting to show that Sti-
| vens' sentence has been In effect since
| the date Of sentence.
Il am convinced" said Judge Carter.
"and l have been unable to find a stat
ute which gives a court of inferior ju-
risdictlon, which the city court Is, the
power to suspend a sentence. There is no
doubt in my mind that a Police Court
has no power to suspend sentence.
In considering this case we come to
this great mass of conflicting judgments,
which have been read this morning.
take the view that although the sus-
pended sentence is void and yet the court
has the power to bring back the de
PENDANT and enforce the Judgment.
II am Of the opinion in this case that
Mr.. Symmes illegally-that Is without
Z TlkuI-EubpEnOeu
/ Stiyens, but Stivens has been, in fact,
serving his sentence and the days from
Nov. II, the date of sentence. ur to to-
day, should be deducted.
Il can not see why a man should be
guilty Of one offense and yet not pay
T the penalty Of the first offense until he
has committed another offense.
This commitment as to the number
OF days is not good. The sheriff Is
10
again remanded to the jail in the GUS
tody Of the sheriff"
The court in discussing the system Of
suspended sentence contended that it
was "un-American" and that 'in a free
country criminal is entitled TO a final
Judgment and not one which could be
held over his head as in terror"
He discussed at length how courts i'm
pose an unreasonable hardship on men
sentenced and then released on suspend
ed sentences. The court made himself
very clear that he does not favor the sys-
tenn Of suspended sentences.
DOUBTS JUDGES POWER
TO HEAR CASE.
Attorney Brown contended that the ap-
pontment Of Mr.. Symmes was not legal,
as there was no appointment to show that
he had the power 10 hear the case.
appointment OF Mr.. Symmes showed that
Symmes was Judge pro tenn" and that
he signed the revocation Of the suspend
ed sentence as a Judge pro TEN" and
not as a special judge. Attorney Brown
argued that Symmes was a special Judge
and not Judge pro TEN. Brown con
tended that special judge could follow
the case TO final judgment but could not
as Judge pro TEN because the latter
ceases to exist when the regular Judge
returns 10 the bench.
Judge Carter held that Symmes was
functioning as special Judge but
warned that IL more care Is not taken
IN the city courts concerning the ap-
pointments OF special judges and Judge
pro TENS that some day some defendant
VIII be ordered released from Jail who
should not be free.
Attorney Wiltsie counsel for Sheriff
Robert Miller, against whom Stivens d.
rected his application for a writ Of
habeas corpus. interprets the ruling OF
the court TO agree with the higher courts
IN holding that an Illegal action Of
Judge does not invaIidate a void action
Of the court
Prosecutor Claris Adams appeared for
the State and cited decisions 10 show
taht n the action Of the trial court in
't't't4ANAlt@ 0fAAttAAC Was fpAN II niQ not
render invalid the judgment Of the court.
The decision Of Judge Carter and his
warning regarding the american"
system Of suspending sentences and OF
the city Court using the pardouing
powers Of the Governor, may result in the
abolition Of the suspended sentence evil
In the city Court where men are given
their freedom after being convicted Of
one crime until they commit another.