The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-12
Y. 8. Circuit Court.
Be fore Judge Belts.
SENTENCE DIV.


Before Judge Belts.
SENTENCES Day.
MARCH n.-Peer Durgan, Charles A. Leighton
and John Smith, the young men who were csnvict
ed Of an attempt to make revolt on board the
whalesIip Herald, were first ordered to stand up
The Court then addressed them, spoke Of the q.
we're penalty provided by law against seamen for dis
obedience Of orders and refusal to do duty, aDt
sentenced Durean and Leighton 10 one years impri
sonment at hard labor. Smith (whO Is very
young man, and had been recommended to mercy
by the Jury) was allowed to address the Court, II
which he stated his willingness to obey the law
and faithfully perform hiss duty. His parents arr
poor, and he expects to make living BY folowin:
the sea He regretted refus ng to do duty on boart
the Herald, but had been influenced 10 such DIS
obedience by some Of the crew. He was sentenced
to two months imprisonment.
Patrick c. Martin, one of the late owners OF the
brig Cicero, who had bsen sent home in the Dol
phin, and has been convicted of stabbing The cap
tain, was then ordered to rise The Court told him
that he had been convicted under the law which
rendered him liable to punishp MT not exceeding q
fine Of 5000 and imprisonment in the States Prison
for three years.
MARTIN asked permission to say few words to
tho Court, which was granted and he made most
powerful and impressive appeal He stated that be
had heen convicted not be he was guilty ofthe
charge, for he declared before God that he was not
so, but By the Vaccinations Of an enemy, and that
enemy no Other than his own bIoher-in law, the ex-
tent Of whose enmity he was not aware Of till he
went out with him in the Cicero this voyage [the
brother law as supercargo ] But he Is now,
understand, said Martini on sick bed land perhaps
ere this gone before that tribunal "who searcheth
the heartiand uieth the rcins' He came home and
told my wife that was a villa and said to his own
wife (my sister) that he had got "the flower OF the
family where he wanted TO have him, and that he
would take her to the west and cut her throat -
| can prove this, your honor, by my aged father,
who now stands beside me, and by other witness.
es. Your honor said truly in your charge to the
Jury, that my conduct, If it haa been such as the
evidence poutrayed, appeared to be mysterious
1t would indeed have been so; | was part owner Of
that vessel, and nay interest aud my inclinations
prompted different course from what has been at
Iibuted to me- But the evidence not correct.
Some efthe witnesses were too ignorant to know
the nature of their 0aths, aud money did the rest
As to mpself, your honor, would care not, as TO
any punshn snt that might be inflicted. True,
have suffered every thing but death for five months
in the dungeons at Carihseeaa, city closely IN.
vested by sea and land, where saw many poor
wretches die around me-true have suffered ma
nacles and chains, and stand here under The machi
ma IONS OF my enemy, convicted feion-but l
bear all this-l could bear imprisonment, aye, even
for life, did the Court see fit to impose il; hut
think Of those who are dear to mel think Of nay
poor wife and my two children, who but for the
kindness of my father Tor they have sold my pro-
perty and left me penniless)-must have starved.
They had right to look to me for support, and
cannot give it. The prisoner was deeply affected
They say. your Hsnor, that used weapon against
that little weak man. Again declare that I did
not. Inever feared my fellow man endwas ready
as others to prevent injury, but required nothing
but the weapons that God and nature have given
me. had no enmity towards the Captain, and had
NO occasion to assault him in any way or shape
They say they followed the brig. Quits true,
but Why did they ipot come to her! cast off the
sheets, and did every thing to prevent her sailing;
nay, nors,l threw myself between Wallace and
my brotheI-in-law, and saved his life, As did
present. saved the vessel, and am now 10 suffer,
but could bear it, having the ciousness that it
is undersigned, if the fate Of others were not In
volved with mine. hi
manner had deeply enlisted the sympathies of the
Court, but the law must be fulfilled. The Judge
then alluded to applications which had been made
In the prisoners behalf by seve raj per.
an eminent divine Of this city. The character OF
Martin appears to stand high. and he exhibits evil
dence, the Court observed Of beng well educated.
You have had, said he to Martin, patient trial and
render your crime more aggravated. II you feel a
consciousness, however Of innocence, it will be a
source OF strength 10 you which could be equalled
BY nothing else After forcibIe.remarks, the Court
sentenced HIM 70 ray a fine of $500, and be impri-
sooed at hard labor in the States Prison for two
year.
The following letter was received from his aged
father, and presented to the Court
Ma. PRIoE-DEAR Sra.
Excuse me for wishing to establish IN your OPT
Mon the character Of my unfortunate SON. who is now
confined in prison, in the state OF New York. Patrick
ways been dutful and obedien son. He taught in
the best schools in Baltimore till he reached his six
eenth year. and the different teachers he with have
always given me the most gratifying testim onials Of
his character and department. On reaching sixteen
he shipped with Captain Butler and made three
voyage around the world during which his conduct.
represented TO me by Capt Butler 1ot only unex-
ceptionabls, but highly commendabe. On his return
from this he connected himself in marriage with
highly respectable lady Of Oxford, Penn, by whom he
has two children, to whom husbapdand father he is
bound by the strongest ties Of attachment and came to
Baltimore and established himself in business with me
under the firm Of Charles Martin Son. Subsequently,
and while member of the firm, he made several voy.
ages in the capacity Of supercago and part from
In all these transactions, he acquitted himself honora
bly, to himsslfand probably for tho firm And before
isigned) CHARLES MARTIN.
Several names are attached, testifying to the
high standisg and integrity Of Mr.. Martin.
in his behalf =:
Nsw Yonx, March IL, Is4a.
The Hon JupoE BErrs.
The father Of Martin, who found guilty in your
Court few days ago has mportuned me for these lines
to you The poor man feels all the anguish OF q fon
father for SON. who is OF in his opinion, criminal
as the evidence against him would make him. He also
states that there are many to induce him
bringing his son, through Jealousy Into his present
predicsment.
All MS ope IL IN your cWmency, winch l. nun.
bly, beg will be extended 10 him, far as is consistent
with you, own sense ofduty This old man has been
represented to a truly honest Without edu.
cation. by good conduct and sheer industry he has
ceeded far hey ond those Of his Glass; in realizing
considerable property which he has lost by Of
fortune Should the receive that punishment which
the law would warrant you in phiciing believe !,
would be fatal to him
With great esteem, have the honor to be- dear SIR
Your very faithful servant,
JOHN POWER,
Vicar General Of New York, Rector OF St. Peters.
FROM BERMupA.-We have received from the
Bermuda ROYAL Gazette of March LIST. The steam