The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1920-04-13
AN UNJUST SENTENCE


known him, as boy and man, as hard
working clerk. diligent student and
just and competent official, we feel
that we have reason to criticise
Judge VIM. E. Smith.
On Saturday last, Judge Smith had
before him a prominent white man
who had been found guilty of making
and selling liquor. And instead of
giving him a Jail sentence, he allowed
him to expiate his offense by paying a
fine.
The Judge was strictly within the
law, and he also acted on the advice
of the prosecuting attorney. But pub
lie sentiment has demanded jail SEN
fences for such offenses, he had in
the presence of gathering of public
officials and representative men ap-
proved that sentiment and announced
his intention of upholding it, it was
of all the cases that had come before
him the most deserving of Jail SEN
tence, and he did not have to heed
the prosecuting attorneys advice.
The defendant in the case is a
greater sinner than any other man
who has been caught in the pernicious
traffic. He was a man of high stand
ing-so high that many men when he
was arrested declared they would not
believe him guilty unless he confess
ed. He traded on his high standing,
knowing his premises were one of the
last places in the county where a
moonshine still would be looked for
He did not need the money-he had a
secure and honorable means of max
ing living. When tried, he attempt
ed to lay the blame on another. Of all
the men in Marion county who de-
served to work out his sentence on the
changing, he deserved it most And
he is allowed to pay it out-some of
his sin money probably going to pay
his fine.
Attorney Green says one of the
reasons why he advised that all the
be made good in cash is
that the county needed the money.
God have mercy on Marion county
if the day ever comes that she needs
to sell justice for money! We do not
will come.
Several weeks ago, prominent ne
gro was tried in Judge Smiths court,
found guilty, fined $500 and sentenc-
ed to term of hard labor His case
was appealed, but his sentence prob
ably will stand.
We ask in the name of justice, and
we know that many of our leading
citizens will approve of the request,
that this negro be given the option of
paying his way out, even as the white
man was allowed to pay his way out.
He has not done the cause of justice
and morality as much harm as the
white man has done, for the commu-
nifty had no right to expect from him
the example it expected from the
white man. We do not believe in one
brand of justice for the white man
and another brand for the negro.
Letting Mabe Phillips atone for his
offense with money while other men
go to the gang is the worst rebuff
justice has received in this county in
many day.
G1SSWUGIC JuuSS gives
reasons for not sending Phillips to
the gang. We have no doubt that he
is sincere, but
Phillips should have thought about
his dependent relatives before he
broke the law. All over this country
today-some here in our county-are
innocent women and children who are
suffering because heartless scoundrels
make and sell liquor. A man who
makes and sells moonshine, knows
that some other mans mother or sis
ter is liable to be left defenseless eve
ry time he puts bottle of the vile
stuff in another mans hands. 1t is
seldom that there ever comes before
the bar of justice any man whose con-
viction will not deeply hurt and may
be expose to hardship some woman or
child. If we follow Judge Smiths
theory to its logical conclusion, only
those few men who have no mothers,
wives, sisters nor little children should
receive adequate punishment for
crime.
We don't suppose Judge Smith has
lost any true friend He hasn't lost
the Star, but, in our opinion, he has
allowed sentiment to overcome his
judgment in the very worst place it
could have done so.