The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-06-15
TWO CENTS.
Court Of General Sessions,
Before the Recorder and Aldermen Prsnidin and
Conklin

Sessions this morning the Recorder ammo uueed that
In arrest of Judgment the case Of Ashley convicted
OF forgery In the second degree the Marcts term
tbon gns TINS decision the Recorder said t6ss al
they would like to have this action the Sessions
viewed by the Supreme Court
Ashley was then arraigped and asked what he hs6
'ohay why Judgment should not be passed upon him
according to law. At this moment, he produssd .
sopewhat J. ngthy AFFIDAVIT, to which he made oath
ana then offered TO read this In rosponas
the ques ton Of the clerk
ndavit before it had been submtte to him The rea
Ing WAS Tor the moment, therefore deferred; but Al
iength Proceeoed with by the Of the Court M
Ashley had not proceeded far however, when Mr. De-
vd Graham arrived asd opposed any further recital q
ley. He said the affidavit which Mr. Ashley was now
reading had been submitted TO the prosecution when
motion was made to quash the indictments against
him. The matter contained in the papers being tn US
prepared and submitted for another purpose ot
at the present time relevant and were hence mad
Ashey-They afndavits drawn up in my own de-
ienoe, and for my own benefit And sir, TO Mr.. Ora
lam) they will show your position Ia this business;
that's the plain English Of We want the truth-ths
| truth sir. That Is what wsut.
| MT. Graham-A prisoner when about to be
fenced, may state what has to say that may go
mtigate but he is not ut liberty to make daous
and scurrilous attacks upon individuals. Nov thess
afdsvits were used in another they drawn
up for quite different purpose from that which
forms the excuse for reading them They are scsnds-
records Of the Court In support of this position Mr.
Graham produced authorities from the books.
with all due respect to that gentleman there Is sue
thing as talking great deal without saying anything
sir am about going to the State prison, and now
ask you aud your associates to hear what have to
ray, in reference to my position here. The District
Attorney disbelieves as matter OF course any As.sr
tions Of innocence made by accused persons, and
have never said what am about TO say l have re-
served it for the present time and for your hoaors
hearing Whenever have been asked inside OF that
prison to my guilt, l have never said that
not guilty; but now, come forward and say Qiftins
his hand and looking upward) in the presence of the
that money knowing it to be counterfeit as are your
hopors desired read this affidavit to plain GER
tain matters that this Court and the public might
be enlightened in reference to thsm. was called
upon by some person of Mrs warmers acquaintancs
TO AK what I knew about the torpedo sent 70
Mr. Warmers residence. 1t was not Drury whs
called upon me, for DIury never said torpedo
to me; i refused to say anything about the mat
ter to Mrs Warmers friends, but told them that N
suit instituted would tell the truth aud the
truth alone at another time Thompson asked me fJr
money; i could only let him have ten dollars he
showed me check which he had received from Mr..
Warner for much larger amount expressed my
regret to him that the sum 1 had advanced Was 70
small, when he expressed himself ~ being far
which was the amount OF the cheek for said he hold
ing up the check, this IL blood money, given by
Warner 10 pay for poisoning female"
Mr.. Warner, (arisng and addressing the Recordsr)-
terfere.
Mr.. Graham, trising.-I ask nov, that some order
shall be made for the proper conduct of thi- matter
We now see what this course will lead to Good oodi
shall resolve this court into "A town nesting
Mr. McKeon-I ask Of the court that principle
be established II statements of this kind to be
made. will not handed justice demand that the
parties asssied shal be- heard in their defence
and thus a new and almost interminAble trial mast
arise
Mr. Warner rises-May IL please the court
Mr.. Grshsm-Mr Warner, We must object to yooe
speaking till we have the decision Of the court
Ashley-I stand opposed by too II the ablsst COUP
sci in the city. Mr.. McKeon has been served vita
copies Of these sdayts and he chooses TO do he
brain might aliude to Mr. Grshsm. might say, taas
he hss hold Of this business he has wished
aud for that love him lie is a learned man ana ~
such revere him But II he would speak from his
heart he would cay that since ha sas come into this
him wish himren out. He would rather BE- out Of IT.
Rscorssr-Mr. Ashley, We may veil come down 70
the question You have travelled Somewhat oat sf
the way. The Court will hear anything calculated to
explain your position but " 10 hot necessary 70 -
| over sil this ground.
seii 10 ,ne reasons why sentence should not b. pro-
nounoed against p.e I have been told that II 4 am
sen. Up this afternoon or TO morrow sure, Nov, Why
All this anxiety about me, NY term Of i'm e al
soppose win commence from the time srrivs at tbs
state PRISON NO one can suffer, therefore, but n.y.
self have some arrangements to make In rsfrr.uce
60 my family which will require little time and an
District Attorney-Is the Sheriff officer Ia Court
VIII one Of the officers call Mr.. Loundss tMr L. pre-
sently made his appearance Here u the Sheriff s Of
hc.r Nov, sir did ever cay anything to you In
lsticn to this mattcri
sh-rin's Ofncer-No sir.
Rccorder-well, have nothing to DO With that; vs
have no direction In the matter after sentence IL
then all In the sherirs hands he is humane mAs,
and presume that he will not be- soasble, "
application be made to him But this s not ct present
relevant.
Asbiey-Thsss sfndsvits would have been used s~
the occasion Of the trial had not been tor tins tact
that considered this invalid Indictment; bot
hnovisg that there vas genuine indietmen. bshnd,
We thought best TO reserve them for that trial AaA
about the District Attorneys snace being broken
open
District Attorney trsinx, has ths, snyshiss
TO do with this ease
Reeordcr-I cannot see that u has.
Ahiey-wen suppose not. But o, that stanisyt
he is ope Of the worst men in existence But can
net read the sfndsvits, make the explsnationsI
hsy. proposed to, don't know that have anything
RecOrdsr-Joseph Ashley, 1t is n.edle'. to r.e.pi-
tslate all the crcumstsnces connected With this In
dictment and trial. The jury have found you guilty,
and II only remains With the Court to pass seat.nss
upon you The sentence of the Court 4. ths, you be
Tpri'oned IN the STATE prison At Sing Sing at hsrs
After the prisoner had left tn. bar Mr. warner arose
ana expressed desre ts say f.v words.
Recorder IL is hardly worth while. Mr. warner
District AttorneyI vill state 10 the Court that
make Mr. warner acquainted .iss their eon,russ' ana
he Immediately hsd counter shdAvits, promptly de-
nying All the silesstions In reference W hims-f Nov
IN reference 20 tbs prsoner have 20 that
the sheriff ofcer viii the judxmsnt of The Csurt
enforced Immediately. shall be sble week 10
explain my reason for making this request.
In seeordspce with this request the Deputy Sheriff.
whose duty Is to accompany the prisoners to Sing
fenced
Trtsi Cor .sssss4i srd Bsa~-v. wlk fsf>rf 10 Kill.
Georg. heehan, John Niles. aud Andres sh.hsn, we're
put their trial for ssssutng Charles Deviin With
intent to take his ife the % Of November last 10
appears that Dsvln and party Of hts friends bsoossd
70 division of he democratic party In the Fourth
ward sod that defendants belonged to sucthsr divt
sion of the party The plsinsnt alleges thak
the night Of the 81 of November while himself ana
number of bis friends we're going through Cstharns
corner sfcsthsrns and cherry streets that III. ss-
cud and many others rushed out Of the house knova
ss the Peep of Day usus~, and assaulted Mr. Deviin
and his friends that Mr.. ID. vss Knocked dom vish
sluDg shot and kicked after he down, thst ~
vas severely injured that he rec~ived many bruises
about the head and chest, causing him 20 throw mp
blo.d and preventing him from attending to his ora
nary business for weeks Several Nitnsssse
produced TO prove these facts The II not zee
concluded. Mr. Dsviin the stand for sross-
Court Of Common Pieas.
Before Judge IngrAham
Jsrs b-Edw~d X. lees vs. w. S. Hx~.vkyvv, ss~~a
C. Modd<o. md EdworS Eerls.f~, -Thts a~tioo