The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-10-19
he Sing al M scene In the Court OF session..
The Sentence Of Col. Webb.


The Sentence Of Col. Webb.
The Court of Sessions presented yesterday rather
singular scene 1t was the occasion OF the sentence
of Colonel Webb, Of the Irregular Army" for eav-
ing this State to fight duel, for which he was IN
dcted, and to which indictment he pleaded guilty
Col. Webb did not take his seat in the prisoners
box, but sat in the centre OF the room, in exactly
the same position that the reporters occupied at the
Ashburton Dinner. He was surrounded by small
legion OF lawyers, who were laughing, talking sig-
Cling, quizzing at him, and at each other for full
half hour
Major Noah came busting into the Court Room,
about eleven O'Clock, and after much putting and
blowing, and adjusting his wig, he made his way
up to the side of Webb, aud shook his hand soon
after ibis, Theron Rudd came in and sat down by
Webbs side, and entered into all his "reminiscences
about duelllng in the oden time, under King Ste
phen's dynasty.
There were only about dozen females present,
and they were not the best looking in the city, by
any means There was an immense number Of
lawyers present, who came TO see The ground broke
for a new development in law, morals, and crime.
The negro gallery was crammed. So was the other
gallery, and the excitement was considerable.
Webb looked pale, but in good spirits. Noah
looked red but not in such good spirits, and Rudd
was full of fun.
The Bench was composed OF wings entirely
the Recorder, Tallmadge, Judge Lynch, Alder
men Stewart and Crolius. The District Attorney
,cas not present. Marshall J. Bacon appeared in
his chair. The Recorder entered at past IL and
took his seat. Then there was general commo-
ton; and then an awful pause Webb looked right
full at the bench, and the Recorder and Judge
Lynch hemmed slightly. Alderman Stewart and
Alderman Crolius sat still and made no sign The
Recorder and Judge Lynch whispered together for
a few minutes then there another pause, and
great deal OF undertaking. round the c urt-
Bat no one spoke out loud. Old Hays looked very
stern at Webb, and indeed at almost every body in
the Court, but he kept capital order
There was pause of many minutes, until several
asked, " What are the Court waiting for - Some
one said, The pardon hasn't come" At last, after
another pause, the Recorder told Mr.. Bacon that
they were ready to proceed.
Mr. Bacon said, that in the case of James Watson
Webb, who had pleaded guilty to an indictment
for leaving this State with intent to receive chal
lenge he moved the Court to pass sentence upon
him.
MISUNDERSTANDING him
HENRY VASpEvooRT.-What have you now to
say why Judgment should not be pronounced gainst
youl
WEBB-Nothng whatever r.
REcoRpER.ln the of the people of the State of
New York against James Watson Webb the accused hav-
ing pleaded guilty to the indictment the District Attorney
has moved the Court for sentence to be passed
him. Great sensation, and deathlke pause throughout
the room) Since the plea Of guilty was received the
Court has examined the Indictment ana the law apper-
tanning the offences with which the prisoner charged
The first count of the indictment charges That James
W. Webb the goth day of June 1872 then being in
hahi Of he
GLIDING the operation of the provisions Of the statute
entitled OF Duelling end Challengeso Fight with the
giving challenge without this State therein
prohibited The second count charges that being such
nhabtan of this State he did, the day aforesaid leave
this State against the form Of the titute, &c.
The third Count charges that he left the State for the
purpose Of eisding tie Statute. Sc and with the
intent Of receiving challenge without the State, &c.
And the fourth Count charges that the said W. Webb
pursuance of such intent leave this State and 60
the State of Delaware, with the intent of receiving
challenge from Thomas L. Marshall, to fight duel
without this State against the form of the Statute SC.
It will be perceived that the charges are the same in
the several counts in this Indictment SO far forth as in
vovng the question now to be disposed Of by the Court
The statute g Rev Stat: P S7y entitled "of duelng
any inhabtant Of this State shall leave the
the purpose of eludng the operation of the provisions
fight, with the intent of giving receiving any chs
enge and shall gire receive any such challenge whoat
the Ike punishment asY the offence had been committed
,oithn this State" This section of the statute does
offence but to punish any "inhabtant of this State
who shall leave for the purpose of eludng the ope
ration of the provisions of this act" In other words
it is intended to punish, where act is commit
ted in another State by inhabant Of this State prov
died. LIST, That be such act would b offence If
committed within this State and 3D. That he left this
State with the intent Of elung the provisions of the
The question then arises he charged in the ndct
State be within the provisions OF this act. The
cond section of the act provides that "every person
who shall challenge another to fight duel who shall
shall accept any such challenge who shall
carry deliver any such challenge or message" &c.
shall conviction, be punished BY imprisonment Sc
What act then charged in this Indictment which If
committed within this State would indicable or pun
ishable under this act7 No count in the indict
ment charges any other act than that he left this
state with the intent Of giving or receiving a
challenge, emitting to charge that any challenge
Do the laws Of this inHict punishment where nere
intent ers unaccompanied by any actsl Suppose
such intent existed within State but challenge
psssed-would the entertaining that intent subject the
party to punishment The expression Of intent
or determination to do wrong to another will authorize
is preventive in its eject, and Is not intended
IS punishment for offence committed. But the
the offence emo Seh Q, ae 10
been intended to be charged in the Indictment, my
judgment, sustans the view that have presented
inhabtant of this State shall leave the for the pur
pose Of GLIDING the operation Of the provisions of this act
n ns inu n% 81 sms OF Receiving any cns
&C. without this State, he shall be deemed guilty &C.
By its very provisions therefore do not discover how
the offence be considered to have been committed u
I'll the intent as charged in the Indictment
mated by the act Of giring receiving challenge. The
Indictment does not charge the giving receiving
challenge by the accused and by pleading guilty the
Indictment the accused has not admitted that he has
lated any law, for which violation this court inhct
any punishment. The party is charged merely with
leaving this state, with the intent receive or give
Challenge But the statute most certainly is intended
mean that the person to offend shall also ece receive
challenge The court therefore sustain any ndct
ment which charges only intent can find no act in
any OF the authorities which would
ing In England in cases Of High Treason the 25th
OF Edward there the party was liable to punishment for
the mere intent This is the only case find in any
OF the authorities There the Court cannot sustain the
present Indictment However, we shall be very happy TO
hear the District Attorney the subject -
Mr. Bacon and said that the District Attorney was
trying case in the Oyer and Terminer was not
aware OF the hch the Court to In
this matter He considered object the
Indictment after the plea of guilty had been recorded The
only advantage that could be taken defect in an