The Mankato free press., 1921-12-09
Sentence Melted Out To
Mrs. M. FIeishman
WORDS OF THE JUDGE
Mothers Should Exercise Their
Influence For Repression
Of Crime

found guilty Of v,.,ating the LIQUOR
laws with her son Peter .,-.shman
several weeks ago in the district court
was arraigned before Judge w. L.
Comstock this morning for passing OF
sentence. The defendant was senten-
ced to thirty days In the county Jail.
fined $3.50 and in the case of failure 10
pay the tine to be confined in the
county Jail for total period not 10
exceed three months.
Mrs. Fleishman and her son, Peter,
were convicted Of having possession OF
apparatus for the purpose OF Illegally
manufacturing intoxicating liquor
The location of that equipment was in
a shack in the north part or the city.
In his plea for clemency Mr. Regan
explained to the court that Mrs.
Fleischman has the sole care and Gus
tody Of an aged and blind father, and
a seven year old daughter, both liv-
ing at the hofne of Mrs. Fleischman.
He explained to the court that she is
a hard working woman, and that she
regularly does a number of washings
every week and housekeeping for
several families. On the basis of this
showing Mr.. Regan petitioned the
court for clemency.
Remarks BY The Judge
In passing sentence on Mrs. Flesh
man, Judge ComstOck made the fol-
lowing remarks in answer to a plea for
clemency for the defendant by Attorney
John E. Regan who criticised the YER.
dict OF the jury.
'It is unfortunate when the courts
committed by women. The ancient ancient
impulses on down through time have
been to deal lightly with these offend
ers. That impulse has arisen in the
course Of the application OF the an
c1ent principles of law that women
were not wholly responsible in all re-
spects, that they were suborcinated to
the males in some measure in the eyes
OF the law. But now these conditions
have changed almost the world over
and women have taken their place
along side of men assuming the same
privileges and likewise the same res
ponsibilties and they are now wholly
responsible to the law as men are and
long have been. That one may labor
does not excuse crime. Now we are
rather looking to the mothers and
wives OF the country 70 exercise their
and not to encourage the fo{hxnfssion
OF crime. In this case the H.hs OF the
defendant have been commonly known
for months past to be constant viola
tors OF the law in respect to the making
and disposing of intoxicating liquors
in violation of law. One of them con-
victed in this court was likewise con-
yicted in the Federal court on the 18th
day CT May last by his own plea OF
guilty. Notwithstanding that and the
fact that it came to the attention of
this defendant, the evidence in the
present case convinced the Jury that
the defendant herself was carrying on
in violation of the law in cooperation,
with that son who had been SO con.
vlcIeu Dy MS own plea. Her duty II
she had any sense OF responsibility OF
motherhood was to resist, and restrain
that conduct OF the son and not to co.
operate with and encourage the SON in
repeated and continued violations OF
the law
Regarding Personal Feelings
Whatever our personal feelings
may be- with regard to these matters
they have no place in the tribunal OF
the court and the court must assume
its full responsibility as such regard.
less of its personal inclination outside
of the tribunal. 1t is hard thing to
impose drastic penalties upon women
but the safety of society and the safety
OF the nation depends upon a reason
able enforcement of the penalties OF
the criminal law, and it happens that
as far as this particular kind Oh offense
is concerned that here and there
throughout the country women are De-
ing used as instrumentalities in the
commission of offenses and that is an
abhorrent situation which must be
checked. All around about us women
are appearing as the medium through
which intoxicants are passed and dis
posed of in various communities. So
we find nothing in this case in view
Of all the evidence that would be an
ordinarily extenuating circumstance.
The case on the whole is OF the kind
that may be called more than com
monty offensive and the penalties of
the law must be paid"
\ Regan & Grogan today signified
their intention of taking an appeal
from the sentence meted out to Mrs.
Fleishman, but there win be no action
of that kind in the case of Peter
Fleishman who was sentenced tol4x
months in the county Jail fined 300
and ordered to serve total period not
aYcapdino II, tho Rna =,