The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-30

and cannot plead youthfal indseretion On excuse
for bis asts lie bss rad 40 affidavit TO the court
The Judge then prcce .d.d 70 print out aud comment
the manifest sopsrent upon the
face Of the snRosvit: sim. NJ bad borne irre-
pToscbabe character th-cnurt gill be ienient He will
be sentenced to the prDireDtsry for the terra Of
month.
The prisoner Adrisnce Is also young; no has sami
~ and his previous character IL uns'ained But the
evidence against him IL Of the strongest nature He
had particularly dsngui he'd himself in resisting the
attempts or the police 70 arrest Offenders and rallied
the crowd tn the rescue ~ prisoners He has been
mott virulsDt and vigorous the police 1t is
true he has denied his identity With the psrson de-
tcribed by The officers But the Court concur with
the jury in believing bis allegation uufoundsd He
was arrested in the The testimony reveals that
he possesses nature which can only be purified by
punishment lie must be 'anght to respect the inst-
buttons Of Biz nativ. land and to learn the great
duty Of obededce 20 it's laws he will he sente need to
the peniteDtiary for the term OF months
The prisoner Judson has been patiently heard by the
Court BE has planned that he has bee tried by a
preudices jury and preudicsi Court aud that there
is evidence Of his guilt The jury ara not here to
duty and have been discharged They were indis.
crmnstey selected from the great body OF the prison
er's fellow citizens and II Is due to them to say that
they have been subjected To the most searching legal
tefts and far those tests could Indicate they
were ~ impartial jury "a have ever been empannel
leo As respects the prejudice "f the Court IL is not
for them to how far they may be subject to the
mort common Of hursp infrmities They can but say
that they Inward consciousness that they have
done everything TO to you fair and impartial
trial No human tribunal Ia infallible They have
frequently interpreted in the course OF the trial with
the prosecuting officers. and induced them to waive
their objections TO testimony strictly legal In the
vague expectation that might possibly tend to make
You have been precluded from producing testimonials
respecting your character All the prisoners have
given evidence OF character, excepting yourself They
have built up a strong wall about them which stands
them in stead In this their hour of trial. You have
not seen ft 70 do Your counsel offered certain tes
tmonials while he engaged in summing up for you,
but there Ia virtue Ia such ofar-tbe evidence
closed No tests could then be applied to deter
mine their senuinsness nor any opportunity afforded
to the District ATTORNEY to answer them. You
stand upon the presumption that the law makes
in favor Of the good character OF every accused
persos, and you stand that narrow boundary
alone You say that your guilt Is not ss-
Dl,nsS oy .%I so, VI nc me c%urs nU~svsr' con
extraordinary that verdict had been othervis The
evcepce against you ia clear pointed and unmstaka
you proved to have done but the wanton love Of
riot you had no ~roags fsncisd real to impel you
60 acts OF voleuce you did caim to be partisan
in the theatrical dispute Of which the riot arose.
The very day VI the riot had written and publish
Forrest and Mscr-say' and urging upon esissns the
necessity OF preserving the peace rhe day before the
publication Of this article declared your intention
OF going Place 10 Forrest through and
temporaneous With Inc of publication you dis.
guising yourself In the hsbilimsnts Of another armng
yoursef with sword and pistsl. preparatory to visit
Ing the scene When you reached there, yon ct once
assumed TO take the direction Of portion OF the mob
arrange system srcay for the work of VIOLENCE
No motive appears to have impsliee you. but desire
to .tir the elements Of popular TO bsgct riot
and mischief Even In doing this You appear to have
been mindful Of your personal security and to have
been busy In impellng others to acts you cared not
yourself TO perform iou te have had the vanity
to figure 81 leader. without the courage to expose
yourself a. such As revealed by the evidence there
is witberirg mesnness In your conduct, when con-
trssted with the Indifference to personal danger
that Characterised the holder violence of the
prisoner Adrisnce You have fit here to link
yourself with the illustriou array Of martyrs. What
connection such acts have With the spirits
whose vts have been trcddeu out In the defence Of
great principles, It. IL difficult to conceive 10 might
be inferred from the testimony that You coutem-
plated firing the theatre when that theatre was filled
with people, bnt for the honor of humanity the Court
are unwilling TO suppose purpose diabolical 1t II
before the court however that YOU couuselled the
hrirg Of lot Of havugs and the raising Of the cry OF
FIRE Indifferent TO the s~fu Consequences that might
have followed the spreading OF that alarm In building
denssly packed with human b~ipgs IL IL our duty to
be- mereiful Az remarked yesterday are not un-
mindful Of the consideration that earthly power ap.
breaches Lesrest Gods when mercy seasons Justice.
But We have duty u Ssrorm to the unity. and
there Is nothing your tn wsken the bubbliug
spring Of mercy 10 the breast Of the Court We feel t
our DUTY To CO. In TO the utmost limit Of the
Law. We deem even that punishment inadequate. and
In mpoeing It, raid Judge DAILY felt forcbly
the want Of 20 make respected the laws Of my
country, whose minister am
Judson was then sentenced to one years. imprison-
ment in the peDtsnisry, and fine Of $25o-to be i'm
prisoned until paid
The prisoners then taken into custody and held
for the fulflment Of their sentence.