John F. McIntyre is one of the best of our criminal lawyers. He always puts up a strong fight for his client. This is the one thing that appeals to a jury. An intelligent juror can easily tell if a lawyer is simply a “hired attorney” or a real advocate. Moore, who defended “Doc” Kennedy, is another of that kind. When a lawyer appeals to a jury as if he meant it, good results are sure to follow. Among a score of noted New York criminal lawyers might be mentioned Abraham Levy and James W. Osborne.
Strange Sentences
During many years of careful observation, I have seen some strange sentences. If you are poor and have a mean enemy, with the aid of the police, he can inflict great injury on you!
I knew the case of a young man, who found some worthless junk wire outside a factory, and was sent away for a year. In the next cell was a crook with a “record” who was aided by a cop, and a crooked lawyer. He stole a thousand dollars. His “bit” was only six months.
Another fellow who swindled several dry goods stores out of $17,000, was allowed to plead to petty larceny. He got off cheap—only six months.
Such travesties of justice have often been witnessed in New York. Indeed, men and women have been known to conspire with lawyers and others to send innocent persons to prison, and they have succeeded!
I knew well the case of John H. While he was in prison, his wife suddenly became the friend of a certain police official. After he had secured his liberty he was informed that he must keep away from his old home. Soon after he was arrested, charged with a crime of which he was entirely innocent. When he went to Part I, General Sessions, to plead, a legal pettifogger who was sent there by this man’s wife stepped up and informed him that he would take his case. He did so, and without consulting him entered a plea of guilty. He was then sentenced to six years’ imprisonment. He found out afterwards that it was a conspiracy to get him out of the way. It was a success.
I recall the case of an Italian who was charged with the murder of his wife. He was caught “red-handed,” and two of his children told the coroner that they saw him do the deed. John F. McIntyre ably represented the people, and Judge Fursman presided in the Criminal Branch of the Supreme Court. When the case came to trial, the Italian children had evidently been tipped off to forget all about it. As they had manifested entire ignorance and forgetfulness of the crime, and could not remember a word of what they told the police and the coroner, the murderer was allowed to go scot free!
We knew a man who stole $40,000, and yet received a suspended sentence. But this should be said, that the money was taken to save another man, and not himself, and the deficiency was made good. Perhaps it was only fair that the sentence be suspended. We know two young men who were in the Boys’ Prison at the same time. One stole $10,000, the other just one dollar. The lad that stole the ten thousand dollars had his friends make restitution, then the complainant recommended extreme leniency. In view of his former good character, the court gave him a suspended sentence. The boy who stole one dollar had been in prison and was out on parole. For this new crime he was sent to the House of Refuge.
There is the case of a young man named Sullivan, who stole a tray of valuable jewelry from a Columbus avenue house. A morning paper commented freely on the “pull” that gave the prisoner a suspended sentence. The owner of the store did not relish the thief getting off so easy. In speaking of the affair he said: “The next time a thief visits my place, I will make no effort to bring him to justice. What is the use, if he is let go after his guilt has been clearly established? The robbery was carefully planned, and was well carried out. The Court should have given the thief a medal. Why not?”