The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-06
The Pardon Of John Harrison, Imprisoned
for keeping Gambling House.
ALBANY, January 20, lS49.

Ri
ALBANY, January 20, lsi9 !
Numerous applications have been presented for tho
pardon Of John Harrison. who was convicted on
fesson, in the New York Sessions, Of keeping dsor
DERBY house, and was sentenced on 18th November,
1S4S to pay fns Of $780, and be imprisoned for nine
Hsrrsons establshment Is rsprese to have been
gambling house. Of extensive resort where large
OF money we're oonstsatly being staked
from imprisonment, not from the hne and are based
upon the alleged severity Of the Punishmsn and the
difference in the degree Of punshment awarded to him
and to others convicted for similar offences The
tepcs of Harrison the extreme Of the penalty
plcaton for the pardon In this mputes the
ty Of the sentence upon Harrison to feelings on the
part Of the Recorder and District Attorney resulting
from political opposition.
The late Recorder Of the city Of New York. (who
presided in the court when Harrison was convicted)
in to inquiry, to the for the dis
parity between the punishmea at awarded to Harrison
and his sssocates assgns in substance that Harrison
Was Imprisoned because his was the first which
bad occurred Of q second conviction He says"
am not aware that there has been any conviction
an Indictment for keeping gambling house, since
have been Recorder. where the Court awarded a Inc
only for second offence. IN the contrary, 1t
we'll understood that imprisonment must be the
sequence.
Again -" In every other case fine was i'm posed for
first fence, and in no instance has there been
copd nee or rather conviction except in the case
OF Harrison"
Again he rays 80 Harrison was the first case had
found It necesary to imprison, because sll Others
thought 1t prudent not to commit q second offence,
at ell events no case occurved'
The Recorder also refers another complaint against
9th of December ls4s. Aletter from the District Al.
torney shows that this indictment for winniog
more than s25 at one time by gambling. When the
offence committed, does appear; but the sen-
tencs passed upon Harrison 18th Of November,
ls4s the Indictment subsequently found 9th Deer,
could not have Influenced the Court in awarding the
pun IL hn mt on the previous conviction
The spplica nts for the pa don have Furnished me
certificate from the Clerk Of the Court of Sessions Of
all the convictions in that cou t. for the New York
Oyer and Terminer for keeping gambling houses,
during The years ls46 1S47 aud lsiS. There appears
to have been thirteen convictions all upon oonesson
by the defendants viz six duri the year 1876 in
each OF h,ch the punishment appears to have been
fire Of Sl25; in March. 1885, four convictions each
6ned S26; in May. lS4S. two convictions each fned
500 in November ls4s, Hsrrt'on's eonric ion,
who was lined $3.50 ana ssn,s%esa to three
ls4S, were Patrick Hsarn and James Berry. Hearn,
sssppears from the Recorders letter had been part
OF Harrison and indicted With him In Septem.
Der 1ss5 though the indictment not tried James
Berry. who WAS also convicted In May. 1913. and only
hped Soo appears also to have been convicted on the
10th October le46, aud was then fined $l25. Harri.
sons previous appears to have been the
18th October 1846 only two days after that Of Berry;
ano the indictment on which Harrison's second con-
viction bad, was found on 10th May, 1SiS few
days before Bsrry's second conviction. IL would
,st N from this that Berry aud Harrison had DO bly,
bee part associates in guilt and yet Berry's
second conviction, Inc emily Of 500 was imposed,
while Harrison was on his secoad conviction fined
$3.50 and sentepc ed to imprisonment
While the deter minstion Of the court to suppress
this alarming and dap gerous vice of gambling and Of
psD0tDe TO the depsvs appetite3 OF the pronigate
and the thoughtess 10 deserving Of the highest com
meRdston. IL appears evident that In this case the
court has been mistaken in the suppostion that Hsr
rhon's was the frat case Of Q second conviction.
Berrys care had almost simultaneously and
be bad sscspsd with less fine upon the second than
upon HIS former conviction The late Recorder seems
TO have overlooked that His detsrmi nation to
pupth second offence with the severest gu n,shmsnt
f the laws was wise and IL is hoped will observed
In future. And we're It not that the facts witch
have been above referred TO seem to present some
peouliarities In the present case the application
TOT Executive interference would be in vain. Bat,
under the circumstances, and as Harrison has no y
been IN preon about seventy days NIX his release
from the residue OF bis term may be allowed The ex-
ample has been set and the commu nifty n ow under-
stands that mpriso well IS Il th, puui,h
meDt that may be avardsd for the offence OF keepina
gambling houses The applications to me do not ask
release from the pay ment of the nne. That must be
paid.
And q condition must be annexed to the pardon.
that In Harrison be again convicted Of keeping
disordery bouse hereafter. within the State Of New
York the pardon shsll be void and he hall then be
held to the residue of the of prison.
ment fro which he II to be- dechargsd upon the
conviction and sentence heretofore against him
The Secretary of State will please pardon
for John Harrison, In conformity with the above
ditions. HAMILTON FISH.
Political Int diligence.
John II White 10 the free soil candidate for Con-
Ue,s from the fourth district Of New Hampshire.
A meeting basGbesn held, and resolutions adopted,
by the people OF Texas claiming all the territory to
the Rio Gran and repudiating the Wilmot coviso
declaring that Coperess has right to pass such
law bearing upon territories