The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-24
Court OF General Sessionss
Before Hon. Recorder Smith.


MARCH 22.-wiliiam Kissane, recently convicted Of
forgery in the third degree brought up this morn
ing for sentence. On being asked by the Clerk what
had to say why judgment should not be pronounced
against him according TO law the prisoner addressed the
Court as follows
MAY IT PIEAsE THE COURT shall avail my self OF tn,
opportunity offered, Ut being the last shall posi-
bly, ever have,) to make few remarks; and wish IL
distinctly understood that what am about to say s in
no way whatever intended by suing for mercy
the contrary feel thst deserve any penalty which th
Court may deem proper nfict. Ny life, SIR,
Of the public prints have set FORTH has not been
tinued succession Of crime Two years ago living
with my family in Ohio in peace conte and hap
pness known and respected by large circle Of Acquan
tances and friends without blot-one stain upon
my name. But in an evil hour there came about my
dwelling those who had bughted and blasted many
edness and desoaton they have brought about and
mine, and which, sir have been the Of bringing
me before you this day. also Of sending my amy PEN
nss houseless homeless wanderers on the face Of
the earth ashamed OF the very name they beaa name
driven snow May God forgive thsm-I never never canl
Aed yet, sir 1t was my own fault. Endowed with ali
the feelngs and Of manhood should have known
that TO have been breathed upon by them was DEATH
that the very atmosphere which surrounded them was
poisonous that which surrounds the upas tree. |
should have Indignantly spurned them from me- you
would Fir the loathsome reptile that crawls upon
the face OF the earth. Had paused; had pondered,
Of SPELL when permitted the ignus fdtuus to lead to
destructon and though stand here charged with aud
convicted Of erime yet my heart tells and feel and
that have no fellow feeling emotion in common with
its perpetrators, Had paused, had pondered, you,
sir would have been spared the dsagreeabe duty which
dsvsves upon you this day and fancy duty which
Ia rkome TO enlighented and humane Judge than
that of assigning fellow creature to living tomb But
the edcts OF the Law muht be fulfilled The consequences
must fall on those who come. antagonstic to it, and
shssuy sS s. oy, x0aa sG to
that might yet live to return-regeneraed untarnsh
ed That could once more take that proud station
amongst family and friends which then held. But
alasl sir, this cannot be, and the overwhelming
seriousness OF Dhicts wrechedness ana misery
upon me, than any penalty which the law naict
the portals Of the grave could escape from the rail-
road cars at the risk Of life has been given in
testimony, and could lay out in the wild woods night
after night with covering but the canopy OF heaven
but there was one ever watchfui companion which
heart What have you been, what infamy and disgrace
have you entailed yourselfy could hear IL In the
every sound that borne upon the breeze The whole
worlc may forgive me, but cannot forgive mytef |
had hoped, sir 10 have reached distant country
unl nown, where those who had known me could know
me no more-where could have settled down among
strangers and once more have been man among men.
The present memory Of the past woud have been
bright light to guide in tn. path of recttude In all
the future, and would have iIumined the rock upon
which was cast away Providence has otherwise de-
creeG, and am here; but permitted to depart
this day. and whenever it shall please the powers that
be- to permit me TO depart, such shall be my coursel
trust wiser and better man.
The Recorder then addressed the prisoner in the fol
lowing terms
You have had fair and fun trial and not Withstand
ing the great zeal and ability with which your counsel
fence, the punishment for which must be confinement
in the State prison. II there is duty painful
than another is that Of sentencing to such penalty
a person who has been accustomed TO In enlight
ened circles Of society There be act pain
iul than that Of being compelled to blight the prospect.
of with talents like Such talents, instead
OF curse, should be blessing not only TO the
himself, but TO his friends; and intsllsct like
yours IL devoted to healthy pursuits, would have besn
bright and Ginning light instead OF the wreck pre-
sens. To me this duty Is painful indeed, and hope
in lie was one Of Industry and integrity; but since
then, your name has become somewhat historical but
that historic reminscence has been con uected with
crime, and this within the space OF two years. well
remember that WHEN the 6rst accusation was brought
against you, the public with one accord would not
Of a respectable and reputable merchant
could be guilty OF the offence with which you
that you connected with crime but at the time
they breathe repentance OF the past and consequently,
ouch to rsSee YOU are
from prison. bad intended to sentence you for the
longest term that the law allows, but have changed
my views in this respect In what you have stated
there bravado, such often displayed by
brought up here for sentence. No person, unless he
ssessed remnant OF virtue could be capable o.
making such remarks you have just addressed to the
court If err In mitigating your punishment, have
Of mercy The sentence Of this court 10 that you be
confined in the state prison for the term Of two
and six months.
sKnsISG A MAN IN BROAD DAYLIGHT-THB FIGHT.
ING MEN AGAIN.
Daniel Williams was indicted with the late William
Poole assault with intent to kin Nicholas Brnck-
srhof the 9th Of June last, at the foot Of Amos
street Poole the District Attorney stated, has gone
TO another bar TO for his msdeeds and williams
therefore placed alone trial. According TO the
evidence for the prosecution appears that Brincker
ho and George b. Taylor two carmen, engaged
the afternoon OF the 9th Of June in csrtng straw from
barge then lying at the Amos street pier While dnv
ing irom the per- Brnelerho heard his companion call
ing and returning Immediately attacked by
Poole and williams, Who with their knives cut his coat
and carman's rocs 10 pieces and severely wounded
him in the that he laid up fer a week and TO
this day feels the effects Of the injury The outrage
unpovoked, and the complainant produced in court
the OF the and frock wore on the occa
zion, cut up and stained with blood For the defence
Witnesses produced to show that the whole affair
frolc, and that tine complainant had offered to
settle for $40 This was however, distinctly denied BY
BrncAeIhoh, who !. apparently highly respectable
Witnesses also produced 10 prove that VIII
hams was . man Of ptseeable character. Veriict--
Guilty OF assault and battery
Mr.. RUSSELL counsel for the prisoner. moved 10
pend judgment that be might put in adavits 70 estao
II, the good character OF his client and TO show that
be wss not what is generally b,own a 6ghtir man
The Recorder aid that the whole affair one Of
greatest outrages be had ever heard Of respectable
man pescssby occupied In bis business, was assaodb BY
two severely wounded and had his clothes torn
from his back and in defence OF the act h set that
Il done frolic such frolics Of character
hat nothing can justify, The Recorder thought the
jury right IN Their verdict; the men, perhaps did not
mt nd 20 q any bodily ham but they evinced a
ksness OF the feelings of Others which utt be punished
Nothing bat strong examples can purge this city u such
outrsges IL was the duty Of every aid N the
~ors and he be Rscodsr was de.ermined TO all the
powers given him tows sis shing such object
The cousss allowed until the first Friday OF
20 produce sfh6hvts which may, perhaps, give some
for the miti ystion Of his punishment. Unless
this - done, Mr. Williams " ~ doubt receive such
s,on vii -esctusy him Of his frolicsoms ds
Tostsn.
sTAswIx HALL TRAGEDY-TTDIcTAgNr PREsENTED.
The Grand Jury came ihtS Court about four o'clock
M, and preferred an insistmeni against eight per
,syersy principals and accessories before the