The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-17

United states Circuit Court.
Before Judge Thompson.

United States Circuit Court.
Before Judge Thompson.
DEC. l6-DEcIsIoSs-Byram Sierens Laeour.-
This was application for Injunction founded on
agreement entered into to settle long about
the Court VIII not interfere The application for an IN
junction is denied, the costs to abide the event Of suit
Decisions given in few other cases OF 10 special
interest TO the public.
Thorn who had been indicted and pleaded guilty TO
assault and battery officer at sea- was sentenced To
tine of 49, and in default oil pay men TO thirty days impr
sonment IN the county jail.
The case OF suy dam as then called His Honor said
he had most carefully ex snned all the adays the
1t had been matter of consideration with them no" lar
the offence public act and violation oi the law OF
nations Assprvate transaction between two ndivau-
ally the assault committed with great Gritty The
Court observed that there doubt whether the blows
were inflicted with kniio or with ring Al. Any rate
the blows twas also circumstance against
the accused that there had been much delay IN tukng
that vengeance Uheh peryjustfable when mans UVe
is insutsd His lilo. or then commented upon the assault
violation OF the laws OF nations and the sacred duty
which devoved upon our national 10 protect
the persons OF foreign ambassadors The Argentine he
public had right expect this protection and our 60
vernment hound punish violation oil the sane
tity OF the persons OF all foreign emisshries -,
There were however, circumstances in mitigation OIL
damages and punishment. had already occurred
the United Count in Pennsy ania where some
what attack considered completely ustiia
BILE There could doubt therefore, to the propfiey
oi considering any mitigating circumstances H. ior ~
stance the assault had been committed ON me part oil
foreign minister upon citizen Oh the United STATES then
such result would be perfectly jusiitabie But such
was not the case with sgnor Aiveah VIII, therefore,
clearly yindicate the laws and carry out the spr OF me
act OF Congress- made provided such Cases Such
which were delivered with great candor fairness and Just
consideration oil all the circumstances OF the case The
judges had evidently given the subject much consdera-
ton IN all ITS real and possible bearings.
As the Court about to pronounce the sentence OF
the law Mr. Suydam who was standing in front Of the
bench, made n If he would aduress the Cour
the Judge Immediately stopped and gave very patient
hearing the following atored studied address oil
Mr.. suyd DAM 1t had evidently been
Id or IL 4,
and manner were modest and respectful though hrm ana
decided.
deem 1t impernent have few remarks to make, and 1t
IL with ordinary feelings that do So previous 10 your
Honor pronouncing the sentence Of the law upon me-
have, the OF this prosecution suffered greatly
1t is now fourteen months since my family; and,
with the exception OF two days, have been detained at
great loss ana rhce in this city, on account o. tins
prosecution Ny prosecutor has glorsusiy tilumphedI
May please the Court after return to south
Carolina in ls4l lady informed me that she had been
rudcy assaed by Mr. Aveah a, the Aslor Hous. during
that summer. remarking that she would have mentioned
1t Ut the TINE had she not been fearful that the conse
quences would have cost myiiie returned to New
York, according my usual custom, the following sum
mer Inever sought Aveah for the purpose OF INJECTING
the chastisement due to his superlstive insoence but
being at Niblo's Garden the 9th OF September s4l,
him there by accident. The recoecon Of his base
ness exasperaed me in the extreme. seized him ny the
collar. and inflicted several blows. This asmPe mar
ratve oil the whole affair Before this Court IN the pre-
sence OF these witnesses and my God soemnly declare
never cut Mr.. Aveah with any sharp instrument Is
there man, let me ask, who upon meeting with the
wretch that had baSely attempted 10 MS
wiies honor, would not have imposed chastisenent
en- the shameless lbertine7 Rage, your Honor, when
shall find the harm Of unscannd switness will too late
tie eaden pounds its heels" The statute under which
was indicted and convicted bears with great auserty
upon all delinquents should be when the offender,
for slight trivial causes should wantonly assault tie
person ofa minister any his attaches but
apprehend contemplated by the enacors OF that
law that would ever be called upon to punish with Sc.
verify the chastiser Of foreign hberne, and by that
shield him from the fear punhment due to his temer
y The chvalrous prosecutor has unblushngly sworn
he spoke my wife, much less entered her cham
Der. Without taking into considers the afhdavs Of
Mrs Suy dam my brother the Court to those Of
CITIZEN OF this city, and the other, although serv ant
bears an rreproachabe character as the Court Will per
ceive by the Certificate OF Mr. steon (o the Aston House
annexed 10 his deposition Can they be mistaken lhow
sand before Honor for the purpose oil receiving that
sentence which you may deem proper, and which you
leel bound TO pronounce after conviction. For me ~
imagine that thing may say would change the settled
determination Of your Judgment, would be to display
degree OF vanity know do not p0ssess IT, however,
| the Court IN its wisdom and mercy think proper
| to exercise leniency towards me, and not condemn
me TO an imprisonment which entails disgrace,
and works the forfeiture OF my civil rights
Judgment Imagine, will not be msarped and their
benevolence will not pass unheeded II we're the only
one who would suffer by the inc ion OF ignomnieus
punishment the suserity would not be severely fe
but there those who an dear me-dear
me- as are the ruby drops that visit my SGD heart and
who look to me for protection and comfort, and WILL
great measure parake OF the disgrace and odium which
attaches to those sentenced TO prison. There in
uries man receive wherein the law affords made
quate redress; and feel confident, that what
the strict letter the law may the spirit of JUS
tce nor humanity intended intend that
the foul violation OF domestic peace should be wrapt
iuto sacred msnel OF mpuDity These OF the
reasons why supplicate the Court nterpose the pre-
rogatise of mercy Whaeve punishment you may think
proper to nicl will undergo the allotted penalty, buoyed
by the proud consolation that it received for the
crime W ought TO be characterized by that name) OF in
ac ing chastiement upon the dasardly ruisn who
vaded the peace and harmony Of domestic reside. II
is requisite for couDtry honor that should be acr
need; cheerfully bow to the misiorune to mind,
am sacrificed that will be foul stain could
fall upon country. now bow to the sentence OF the
| Court soliciting II to consider
| THAT earthly power showeth them likest gods,
When mercy seasons justice"
At the close of his address, the Court remarked fol-
All these circumstances which you have alluded TO.
have received the full consideration Of the Court don't
know that thing has escaped II is, perhaps.
the decision of jury, and submitted il for decision aft
davts Such the fact however and we are obliged to
view appears paper. II has been alleged that
Sig Alveah not at the time of the assault acting in
the capacity OF foreign minister. This would have been
very proper consideration had you not pleaded guilty
| an Indictment in which sig. Aiveah is recognized
foreign minister. 10, therefore, too late to raise
that point You have alluded to the exercise Of mercy in
the sentence Of the Court The exercise Of mercy
win tn province Of the Court We not vested with
such pow ers however much might in this
feel disposed to exercise them That is power givento
the President alone, to whom your application must be
made We, therefore, proceed to impose upon you the
sentence of the law which Is that you pay fine Of $500,
| and be committed 10 prison for sil months
| Mr. SUDAN asked the Court in what prison the
| tence Of tn Court was TO take feet.
l Judge THOMPSON replied in the County Jail.
| L. y. District Court.
Dec. 16-In the matter Of anthony Dey.--We under