Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-07-10
JUDGE WILL GIVE
NO SECOND CHANCE
Swift, Sure Justice Melted
F. Out With Mercy in
Criminal Court.

Justice of a stern character is being
melted out these days in Criminal Di.
vision 2, of the District Supreme
Court. Il justice which will strike the
fear of God and of society into the
hearts of those who break the law
and even those who flaunt the orders
of the court to pay almony.
Yet. withal. it is kindly. sympathetic
and tempered with mercy when there
ia the possibility that some innocent
persona Woodworking woman or
little child-is made to bear the brunt
of sentence that carries an errine
husband or father to iail
Justice James Francis Smith, Il
member Of the United States Court
Of Customs Appeals. and now helping
out in the District Supreme Court.
Caily sits on the bench and handles
various branches of businesS-iaw.
equity and criminal. because the court
row is in Summer session. Kindly.
but stern in the determination to do
his duty to break the crime wave, he
gives youth an opportunity when 1t
has erred once. but takes no excuse
once the honor is violated. and the
man comes before him again.
Opposes Jury System.
An arOwed enemy of the jury syS.
tenn, which he believes has failed to
break up the crime wave, neverthe.
less. when Jurors convict and recon-.
mend mercy for the prisoner, he fol-
lows the advice, for in q case before
hum the other day he said that he
would do so because 1t was something
to have a jury convict and recon-
mend mercy. rather than let the cul-
prit go free"
ElnAnacS aud fin,a Cos,
women mark his determination. When
hearing naturalization cases last
week, a number of candidates were
called before the bar. In the line
stood woman with a baby in her
arms and another little youngster by
her side. She was a witness in a case
far down on the list. and when the
c,erk asked the court if he was ready
to proceed, he responded in the af-
firmative and. smiling down from the
bench. directed that the case with the
woman witness with two babies be
taken first.
His feeling for a wife and children
OF man whom he had sentenced to
the penitentiary for two years, caused
him on Friday to order the prisoner
again brought before him, when he
reduced the sentence to one year in
the District Jail. The jurist frankly
said from the bench that it was not
for consideration for the man that
this was being done, but for the
woman and children. and particularly
the latter. and to keep them from
being pointed out as the children of a
convict. The man. with others, had
been convicted of stealing a steam
boiler.
Sentence Comes Fast.
A lawyer for a wife who had been
granted alimony pleaded for a citation
for contempt for the erring husband
who was reported to the court for
being ST back in his alimony. The
man was in court. He was called to
the bar. and hardly had both feet
been planted when Justice Smith
melted out 80 days in Jail.
But, he pleaded, he had been sick.
and could not earn enough to pay the
alimOny. and offered to the court an
affidavit to the effect that he had
been i'll. But the court insisted on
the 80 days. saying that there was a
hospital at the Jail which might be
able to do him some good while he
was resting, and build him up physi.
Cally so that he could work when he
got out and give the wife the share
OF the earnings that the court said
There were five youths convicted of
stealing automobiles, some with one,
some with two and some with three
charges against them. Five years on
each charge he gave to four Of them,
and then ordered them placed on pro.
baton. but not without a stern ad.
monition that it was not to be treated
lightly. and he promised them that If
they committed the smallest offense
within that time it would mean the
revocation OF their probation. with a
consequent carving of five years out of
their respective lives--~five long years
in the penitentiary. and then as an ex-
ample OF what he meant, he took the
fifth man, who already was on proba-
ton, and had broken IL by committing
the offense again, he revoked the pro.
baton and sent him forthwith to the
penitentiary for five years.
No Second Chances.
Here was a man convicted Of hav-
ing a smoke screen device. His law
yer pleaded for consideration Of the
court. pointing out that an employer
had been found who would give him
work and sufficient pay to support
his wife and children, 30 that he
would not have to engage in bust
ness of bootlegging. But the court
insisted that he must pay his penalty.
He gave him one year, and told him
when he got out to go straight, as a
life of crime brought in money fast,
but it also took time out Of a life,
and didn't pay. Honest work, he
said, brings little remuneration, but
1t means a happier life.
Practitioners he tells there is no
second chance; that when they err
a second time during the probation.
airy period they are finished, done