The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-07

From the Baltimore American January 81
Yesterday being the day on which it was stated
that Judge Giles would deliver his de ,ision on the
motion Of the counsel of Martin, for an arrest of
judgment, a large number Of persons assembled In
the court room to await the result. As soon as the
court opened and the counsel appeared, Jud 20
Giles stated his reasons for denying the request of
the counsel for Martin, and overruled the motion.
The Marshal was then ordered to bring Martin
into court, and at twentyiiv minutes after twelve
the prisoner appeared. He looked caIe-worn, aud
evidently labOred under considerable emotion. He
was seated within the bar until the cour. called
upon him and asked IL he had anything to say why
sentence should not be pronounced against him.
Martin rose, and In trenulous voice thanked the
court and those engaged in his trial. for the kind
ness shown him. He would there protest his inno-
cence OF the crime of which he was charged. He
hoped the court would exercise spiri. OF humanity
and show all the mercy which its duty would allo v.
Judge Giles then said-Wam II. Martin, you
have been indicted, as person employed In the
department Of the Post Office, for embszzling two
letters which came TO your possession and we're in
tended to be conveyed by post, containing articles
Of value, TO wit: two gold coins and With stealing
from the said letters the said gold coins You have
been defended by learned and able counsel, who
have eoquently pressed every point and every cir.
cumstance that could be invoked in your behalf,
and after fair and impartial trial, you have been
convicted by jury Of your country There only
remains for me the painful necessity Of imposing
on You the sentence of the law. The law Of Con.
gress, under which you have been tried and con-
vlcted preecr1bes as punishment for your offence
imprisonment at bard labor for not less than ten
nor more than twenty-one years. deem the mini
mum punishment in this case sufficient TO vndicate
the public justice to operate as a warning to all
who may be hereafter tempted to viola,e the conf
dence repoeed in them as officers of the Post Office
Department and at the same time TO afford you, In
the long and weary years of your confinement,
every opportunity to seek from God from whom
alone IL can be obtaned) gra and strength TO re-
sst temptation when you shall be rest ed co inter.
course with your fellow-men You are therefore,
sentenced TO ten years imprison nent in the ary-
land Penitentiary, at hard labor.
After the pronounciDg Of the sentence, Martin
wept, but b, was approached by the District At
torney, w. Meade Addison, Esq, who commiserated
his situation, and stated to him that he felt for him
deep sympathy, and especially so In view of the
deeolation which has been thus brought upon
his family, and more especially for the sake of his
aged mother. He told him, then, that If auy cir.
cumstance should transpire to warrant his inter-
ference with the Executive, he would cheerfully
JOIN In petition for the remission Of portion of his
sentence He advised him TO exercise all the forti.
tude he possessed under the trying circumstances.
Martin was then removed to the Marshal's OH q,
and shortly after was conveyed TO the Penitentiary
TO enter upon the imprisonment to which he has
been consigned. Among ell who we're present q
sympathy was manifested for the unfortunate mau.
Whether writ Of error will be sued out remsins TO
be seen, as IL IL said the decision OF the court
final, and the decisions Of the Supreme Court are
adverse to the carrying up Of criminal cases on
writs Of error.