Milford chronicle. [volume] (Milford, Del.) 1878-1974, 1924-01-11
WARNS THAT MTENTS
TO GOVERN SENTENCES
Judge Harrington, Before SentePc-
ing Whisky Manufacturers, Says
That Each Case Differs.
CIRCUMSTANCES TO GOVERN
Penalty Where Clear Intent OF Will
full Lawlessness Is Shown PRS
Oners Will Fare Badly.

Before Resident Judge William Wat
son Harrington at Dover last Satur-
day, in plead guilty court the max
1mum sentence was imposed By the
judge on two men, arrested Just be-
fore Christmas for the illegal manu-
facture of intoxicating liquors nclud-
ing apple brandy and rye 9liskey.
The defendants were Max HeIbst and
August FOOks, both white men bf West
Dover, where quantities of th9 finished
product as well as the first unning
and quantities of mash wer Ound.
After the men had entere pleas of
guilty, and before senten. g them,
Judge Harrington address Hengst,
the first to plead guilty and 10 asked
consideration on account several
children, as follows: "Bt impos-
ing sentence in this cas- wish to
say that it is some time ficult to
decide what the sentence lid be in
cases of this nature.
ut is useless to say the law
should be enforced and the duty
of the court to impose punish
ment as will secure ssult, and |
guilty persons should Us receive |
such punishment as isl mensurate |
with the Offense comm
while it is true THAI every con-
victiOn or plea of gull chere has
been a violation of the the offense
is not equally Wilful ii cases, and
some regard must be as to the
of the Wrop her, the cir
under VIII the offense
was committed and the tive that in
duced it. Circumstance hat indicate
an intent to sell liqu br to manu-
facture it on a large lie for illicit
make a mon serious Of
tense than some other violation of the
liquor statutes.
I'm one case a term of imprison- !
nent would be the only adequate and :
deterrent punishment while in an !
)ther a substantial fine might be prop \
9r. Every case must bf governed by +
is own circumstance and it certainly {
would not be just ami fnnOt be reas- Q
Dnably expected that he same SEN q
ence and the nahum sentence 9
hould be imposed in every case. h
"The court that imposes sentence n
las heard all the lads, facts which e
nay not be generally known and it's n
ction must be influenced to some ex- a
emit as in every other case by such 4
lcts. Nh d
"As I have alrh said, law should W
e enforced and q is my purpose to fl
D all that can hsistently with my al
snse of duty. to PcOmplish that re-
lit
Absolutely NJ tenuating circum- Il
ances have be hown in this case. II
n the contrar lere is every evil
snce you were rying on the bust
sss Of' manufi ing liquor on a
rye scale fol bit purposes. Not
plea Of guilty, no w
,od reason re appears why
III should Isl sive the maximum
ntence prOVi by law. Your chill
en- and family 20 e to be Fitted but
u should have considered this fact
fore you violated the law"
Sentence vas then imposed on both nil
sngst and F'ooks, as follows DR.
A fine Of $500 each and OBJ years ha
prisonmC 1t each in the New Castle ac,
pay costs of prosecution wa
d not T. be released from prison thi
til fine Of $500 is paid. thu
The maximum sentence ia both Bu
ses cine IS a severe blow to the Co
soneTs. ed
R. r Kenney, counsel for Hengst, led
lied the attention of the court to sta
, plea Of guilty, which ge1erally cor
Tres to the benefit of a prisoner in goC
curing a lighter sentence. Judge a
rrington, however, declined 10 re- wa,
m the sentence in either tase. lice
herman Polk, colored, WIN plead of I
lty to larceny Of chickens and po- cd
pes rom hoseIla LEWIS OI Ellford' for
sentenced 70 Two nonCns lmprls- witt
nenO III the henI cOunty ia mex
M CT