The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-16
General Sessions.
Before His Honor Recorder Tallmadge Judges Lynch
and Noah, and Alderman Leonard

General Sessions.
Before His Honor Recorder Tallmadge and Judges Lynch
and Noah, and Alderman Leonard.
WILLIAM SHALER Esq, Acting District Attorney.
July l5.-Senfsnce Of Charles +. Mcheu-It being an
nounced in the Herald Of yesterday that this somewhat
notorious iorger be sentenced the court
crowded to excess and the Recordr took his
seat he ordered that Charles F. Mitchell be brought into
court to receive the sentence of the law All eyes
turned towards the entrance from the inside corridor
and in few minutes he appeared accompanied by officer
Silvey and took his seat in the prisoners box He
looked much more healthy and strong than when upon
his trial. and had all the appearance of the of
excellent health He was dressed in blue coat with
dress buttons buff vest light pants white hat, collar
turned over Byron, his boots unblacked and his face
unshaved.
The clerk of the called him to the witness stand.
to deliver the usual oath preceding sentence to ascertain
the occupation Of prisoner.
He faltered at first but taking the oath, answered
that he was a miller by occupation. He then stepped
back and stated that he had request petition 10 make
to the court That he did not know that the court
of all the circumstances attending his return to
upon the before they proceeded TO pass sentence
He said he had proceeded to return to this city,
voluntarily for the purpose of delivering himself up to
the Court and was his way as far Philadelphia when
he arrested and brought here in custody That his
absence from New York and the place where he had loca
ted himself, within about four miles of GAINESVILLE Ohio
was known to two OF the members of the court the Re
corder and Judge Noah, to whom he had written and
which he presumed they had received that he had also
them advertisement of his business which he
engaged in at that place. and had been ready at time
when he left this city his object 60 there and endea
to something to ENABLE him to sustain the excep
tons taken in his before the Supreme Court that
whethere he had not attempted to disguise himself but
not the streets and vicinity of GAINESVILLE Charlie
+. Mitchell He did consider himself fugitive from
Justice while there but presumed that the argument OF
the before the Supreme Court in this city could 60
on as well in his absence as if he had been present H.
therefore asked the Court TO suspend sentence for short
tme in order that he might make disposition of the
remnants of his effects in order to aid in sustaining hi
family This all he desired nothing more. That he
in custody and danger could exist of his
10 " mo
than living of seeing the end of the matter and
he asked this favor of the Court matter of simple JUS
ice
He then stepped back into the prisoners box and his
nged mother approached his side and clasped of his
hands.
The RECORDER then said that the Court had considered
his present situation and the circumstances attending his
recenteurn to this city, also the contents of
nuncaon they had received from him that mornings blu,
hat it the last day of the term they compel
led to deliver the sentence OF the law They would order
hat time sufficient be given him to arrange his family al
gurs hefore he sent to the State Prison.
MITCHELL replied that he not that it the
end of the term he should not have made the requcs
Of the Court.
The CLERK then asked him what he had to say VIII,
sentence should not be passed upon him according to
lawl
MITCHELL replied that he supposed the question asked
a matter OF form than otherwise. That
certain facts he could present aspect to the case
but he did suppose it necessary the Court had
efore them sufficient to justify the sentence, and he
should submit with due humiliation to the result Of their
lecision.
The RECORDER then stated that he had been found
uy oorgery in the third degree by aury Of his coun
try and that review of the trial before the Supreme
Court they had sent back with directions for the Cont
70 proceed to judgment 1t therefore became their duty
pass the sentence of the law however painful such
ence might be to the members of the Court the
hers OF the family Of prisoner That it was not neces
airy lor me Court to harrow up feelings OF distress
ne was to suffer as his time Of life his education and for
ner situation in society all combined to add to his own la
Grated feelings sufficient wound without additional
marks from the court at this period That if they could
indulge in sympathy these facts with the presence Of his
we'll calculated to the feelings Of the bench towards
him, but such feelings could not interfere between them
md their stern duty administrators of public justice
minds OF the court in passing sentence the first of which
vas his long confinement previous to conviction, he hav
hat ha nr t nearly ana lac'
nended him to the mercy OF the Court. From these
deraons alone and not from his previous station in soc
ty would the sentence Of the law be mitigaed They
therefore had concluded him three years
inement in the State prison, which the sentence oil
The court.
The mother Of prisoner remained by his side with his
hand cnched in her until tn eRecorder had finished
when they were allowed to the jury Joining
aiew minutes from whence he returned and proceeded
20 the city prison.
During the remarks of the Recorder we noticed many
IN eye streaming with tears and from the rrowe faces
If those who are rarely ed at such the
tence of prisoner.
was in the power of the Court to have extended the
entence OF the law to five years reduced it to two
Grand Larceny for Money.-John Mahar, a young,
sleepy looking ishman aged about years tried
charge of grand larceny for stealing $3.50 In gold and
5000 in bills Of the Central Rail Road bank Georgia
being the property Of person named James Heaney who
boarded in the house with prisoner at the time Of the lar
ceny Heaney testified that the 4th ns after seeing
he celebration about town. he returned his lodgings
No Washington street. and being atigued he laid down
1pon prisoners bed to rest. On awaking about O'Clock
in the evening he ascertaned that his pockets had been
relieved OF above named amount and prisoner having
left the house the next morning suspicion excited
against him. Upon being arrested the bills and nearly all
the gold CON- found in his possession Of which
was identified by the complainant Heaney, well the
bills which had been purchased by the latter few days
previous Mr. Duffy the keeper of the boarding house
Theury found him guilty and the Court him the
State prison for three years Maha the prisoner induced
young girl to marry him few days after he committed
the larceny of the money! had placed his wife in snug
quarters where lie arrested and where the greater
part ofthe money found in the bridal bed snugly la
between the mattrass and sacking bottom.
Robbery and Druggery.-A young man named Daniel
Lavery, implicated with another named Thomas Quinn
was tried charge OF grand larceny in robbng Dung
freshman named Michael Norton Of his clothing and %
iovereigns that in belt around his body. Norton
stied that the evening of the 9th instant about ten
o'clock while he was in search of No 2it Monroe street.
he met Lavery and Quinn in the street and asked them to
lrec him 10 the house desired at the time inform
Ing them that he was stranger in the city They went
with him, and on reaching the premises asked him to take
drink which he accepted but paid for himself Soon
erwards they left together and the request to drink
repeated by them at another porter house and he there
frank root beer In few minutes after Norton be-
anne sick and lost all recollection Of any further crcum
until the next morning when he found himself in
he basement Of the house OF acquaintance named Nc
Glynn COY Cherry street entirely stripped ofall his
clothing except shirt and vest as well his money Mr.
Mclynn stated that Norton brought his house on
he morning above named by several persons and that he
then nearly naked, and appeared to be much deba
ed from the effects Of some Implying drink A letter OF
recommendation from D. W Teller that was in the noe.
ets OF Norton on the mig he robbed as well as the
10Y OF his trunk and Ns seal found in pos session
'iLa'ery when he was arrested which then claim.
by him as his property
The defence proved that Norton very much intox
ed al IL O'Clock, while in Casey's grocery in compan,
With Lavery Thomas Connor formerly assistant alder
nan OF the Seventh ward called prove his charac
err when he stated that he knew him years since
ma at the solicitation OF his friends he got him situation
with silver platter, and that he discharged from
econd situation because he had become intoxicated
other persons also called who testified that they
tnew him, end believed that he honest The jury,