Smyrna times., 1924-01-16
JUDGE HARRINGTON WARNS OF
PENALTY FOR LAW BREAKERS
BOOTLEGGERS WILL FARE BAD
LY WHERE INTENT is SHOWN
Circumstances To Govern Cases But
the Judge Makes 1t Impressive
That Law Must Be Enforced

Before Resident Judge William
Watson Harrington at Dover in
"plead guilty court" the maximum
sentence was imposed by the judge
on two men, arrested just before
Christmas for the illegal manufacture
of intoxicating liquors, including ap-
pie brandy and rye whiskey. The de-
PENDANTS were Max Hengst and Aug
ust FOOks, both white men of West
Dover, where quantities of the finished
product as we'll as the first running
and quantities of mash were found.
After the men had entered pleas of
guilty, and before sentencing them,
Judge Harrington addressed Hengst,
the first to plead guilty and who ask
ed consideration on account of sew
eral children, as follows: "Before i'm
posing sentence in this case wish to
say that it is some times difficult to
decide what the sentence should be in
cases of this nature.
cit is useless to say that the law
should be enforced and it is the duty
of the court to impose such punish
ment as will secure the result, and
guilty persons should always receive
such punishment as is commensurate
with the offense committed.
"While it is true that in every con-
victiOn or plea Of guilty there has
been a violation of the law, the offense
is not equally wilful in all cases, and
some regard must be had as to the
reputation of the wrOng-doer, the cir
cumstances under which the offense
was committed and the motive that
induced it. Circumstances that indi-
cate an intent to sell liquor or manu-
facture it on a large scale for illicit
purposes, make a more serious of
fense than someother violation of the
tliquor statutes.
''In one case a term Of imprison-
ment wOud be the only adequate and
deterrent punishment, while in anoth-
er a substantial fine might be prop
er Every case must be governed by
its own circumstances and it certainly
would not be just and cannot be reas-
Onably expected that the same SEN
tence and the maximum sentence
should be imposed in every case.
'The court that imposes sentence
has heard all the facts, facts which
may not be generally known and its
action must be influenced to some ex-
tent as in every other case by such
facts.
GAS l have already said, law should
be enforced and it is my purpose to
do all that can consistently with my
sense of duty, to accomplish that re-
suit.
absolutely no extenuating circum-
stances have been shown in this case
On the contrary, there is every evi-
dence you were carrying on the bust
ness of manufacturing liquor on {
large scale for Illicit purposes. Not
withstanding your plea of guilty, NJ
good reason therefore appears VIII!
you should not receive the maximum
sentence provided by law. Your chill
dren and family are to be pitied bu
you should have considered this fac
DelOIe yOu NiOldleu Tie law
Sentence was then imposed on bot
; Hengst and Fooks as follows:
A fine of $500 each and one year
Imprisonment each in the New Castl
Workhouse; pay costs of prOsecutio
and not to be released from priso
until fine of $500 is paid.
The maximum sentence in bot
cases came as a severe blow to tn
prisoners.
R. R. Kenney, counsel for Hengs
called the attention of the court t
the plea of guilty, which general
insures to the benefit of prisoner
securing a lighter sentence. Judg
Harrington, however, declined to n
| form the sentence in either case.
Herman Polk, colored, who pleade
guilty to larceny of chickens and p'
tatoes from Rosella Lewis, of MilfOl
was sentenced to two months impri
i | Onment in the Kent county iail