HE DOUBTS WALLACE'S MERCY. ~ Justice Young Hesitates About Sending Case to Criminal Judge.

February 4, 1908

Justice Young Hesitates About Send-
ing Case to Criminal Judge.

In endeavoring to save Herman P. Brumfield, 20 years old, from a prospective term in the penitentiary, Justice John B. Young yesterday refused to bind the young man over to the criminal court on his admission of having embezzled $60 from the Home Telephone Company. Brumfield had paid the money back and apparently expected this fact to absolve him from prosecution. The company chose to push the matter.

Brumfield's lawyers set forth that if the prisoner were held to the criminal court, inasmuch as he had made a confession in writing, he could not be saved from the penitentiary. They asked that he be allowed to plead guilty to a misdermeanor, but the prosecution declined this offer.

"If it is a case for leniency," said the prosecution, "put it up to Judge Wallace and let him be the judge of that."

"But I can't tell about the quality of Judge Wallace's mercy," answered Justice Young, "and I'm going to take this case under advisement for a week."

Brumfield was a collector for the telephone company and the money was taken in small sums, at various times, for a period of two months.