With a little urging his story came in a rush. He was an old-timer, had
done three bits in state prison, but coming out four years before he had
decided to "square it." He wanted to die "on the outside." He had no
trade, but had wrung out a meagre living, stuffing straw into
mattresses. In the rush season he earned much as a dollar a day.
Sometimes only twenty cents. And sometimes there was no work at all.
He slept in a ten-cent lodging house, ate ten cent meals—forty cents a
day, plus twenty cents a week for tobacco. What was left went into the
Bowery Savings Bank. He wanted to have enough so he would not be buried
in the Potters’ Field. It had been a barren life. But the fear of
prison—the fear which only an old-timer, who wants to die outside,
knows—had held him to it.
Coming home from work one night he had stopped to watch a fire. As the
crowd broke up he saw on the sidewalk several bags of tobacco and some
boxes of cigarettes. He picked them up and almost immediately was
grabbed by two detectives.
While the crowd had been watching the fire, someone had broken into a
tobacco store and looted it. The detectives led Jerry to Central
Office, identified him by the Bertillon records, and charged him with
burglary in the second degree, for which the maximum sentence is ten
years.
Jerry said that he knew nothing of the burglary. When he had been
brought into court the district attorney had told him that if he would
consent to plead guilty of burglary in the third degree, for which the
maximum is only five years, he would intercede with the judge and ask
for a light sentence.
Jerry had been hopeless of proving his innocence in the face of his
previous record and the fact that some of the proceeds of the burglary
had been found on his person. He had no friends. He did not believe
that a poor man had any chance in court. So he had pled guilty in the
hopes of a short sentence.
His story rang true, but I took great pains to verify it.
The police believed that Jerry was one of three or four who committed
the burglary. One hundred dollars in money and twice as much stock had
been taken. They had no evidence against Jerry except the packages of
tobacco found in his pockets, and his record.
Mr. Kaufman, his employer, spoke highly of him. Jerry had been a regular
applicant for work, and a preferred employee. If there was any work at
all it was given to him. And sometimes in slack seasons, he had been
employed out of charity. Kaufman said he would be glad to come to court
and testify to Jerry’s regular habits during the last three years. The
lodging house keeper was also willing to appear on his behalf. Jerry
had earned a definite reputation for quietness and sobriety. He had
kept very much to himself and certainly had not been associating with
professional criminals.
Public-domain text, read in full here on John Shaqi.
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