The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-22
Court Of General Sessions.
fore Judge Beebs ard Aldermen Peck and Ward

Before Judge Beehs ard Aldermen Peck and Ward
SENTENCE or POLICEMEN KENNaDY AND SMITH.
NAY 2l--This being the day appointed for the sen.
fencing Of policemen Kennedy and Smith, Who were,
after long and citing trial during the last term
vcted of burglary in the third degree the court room
was crowded by the friends OF these men, who
we're anxious to hear the sentence of the Court upon
those who in their eyes entirely innocent Oh the
crime o which they were convicted.
On the opening Of the Court the prisoners we're called
up for the purpose Of receiving the sentence of the Court
On being asked they had anything to say Why Judgment
Of the Court should not DO pronounced against them
Kennedy who is five looking young man rose and IN
manly voice, said I'm his present position he was
hardly capable Of making any remarks. lie had moth
ing to say Why the sentence Of the Court should not
be pronounced against him. but he would sly that he
had fair impartial trial. With the permission
OF the Court be would make few remark. in reference 10
the way the trial conducted Mr.. Taylor proved for
the prosec uton II at he q IN his store with
light coat on he the speaker proved that he had
dark one on and he called upon God 10 witness the fact
that when he left the station house that night had
dark coat on when he entered tue store he had dark
coat en- ard hen he lHit the store he had dark
OIL. Nj Hunter that he met me- but Mr. Keyser
sw-ars that he did When they arrived a. the sta
ton the morning Of the alleged burglary, Dr.
s.h WIS., c. He'd - ana pscSee se xouoa o. ~. saa ana
he thought he you'd die Az for his character it was
uDmpsa. hble and he always re good GA. for homes
~ a. soTisty No cou prove anything contrary 10
What he had Just said In the trial ho wanted his c1un
chow every connected with the affair, and to
illustrate the dan. and difficulties that visit police
men. In conclusion be had only few words to say
A. FAR lie concerned he was innocent and
he called upon The ever living cd TO witness tine fact
The Clerk then asked smith If be had anything to say
why jud meDt should not be pror ounced against him
lie tlied The negative thinking in his mind most
probably, that Kennedy speech conveyed al the expla
patton that he had 70 give in the matter
Judge 3ebe then proceeded to sentence the prisoners
them both for fore time especially Kennedy. He was
.xeed ely de- pous the trial they should have fair
aud impartial TIE charge of the Court on that oc
cason decidedly in their favor The presumption Of
the law rather in their favor than against them He
charged the jury that they in the store and the
presumed that they ghtully in tina. store il they
entered it openly The jury could ons Judge from the
testimony adduced on the trial II Mr. Taylor was mis-
taken in bis e>teIce It lies between his constierce and
but from the testimony ELECTED at The trial he could not
the jury could lind airy other verdict than the
ore hey found They the cOn.ervators OF puhhs
peace ard there to protect the lives and property
Of the ct2cps while asleep. Mr. Tp;lor, who had his
suspicious aroused swore that nc heard the DOOR nn
As fsr as the Court were concerned, thsy would
have shrulk from The duty npo ed upon them but ther
stern duty compelled tnem to do the tack But they
had jul regard for their families and should time
tusljy discover their innocence certainly one woad
take quicker advantage Of the facts to prove their ia
Than the Court would. for their families sorel
needed THEN help la conclusion he would say thar ao
sn i' ard VILLAIN vii Kennedy, be impp.onsi 10 the
State prison sog Sing for the period Of years and
two months
TX Recorder Tamadee, counsel Tor the prisoners then
snd said that they found guilty OF tu- ary By
what called jury lie came there merely TO an
that .iLcs The tra they had obtained several
Witnesses whose testin ony would give very different
view OF the case, matter wha. jury should be EN-
raSeed All he rose 70 ask was hst until an appica
ton had beer n, &c 10 the executive at Albany ths p
should remain in the city and not be conveyed to
the State prison. the afdavits he had in his hand
would had the slightest doubt procure their par
dfp from the Governor and entirely clear the mystery
that hadowed the characters OF those innocent
young men.
Judge Beebe said that il not In the power o. the
keep those parties in the city but they would
request the sheriff 70 do So
The Court then adjourned sine dic.