New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-13
La " LNTELLIGENCE.
CASES OF THE INDICTED GAMBLERS.

CASES OF THE INDICTED GAMBLERS.
The chamber Of the Court OF Sessions again
crowded Yesterday morning. oaused by the anticipation
that the trials OF some of the indicted gamblers would
be commenced.
The case Ct William Mathews was the first called.
M Busted appears the defendants ooansel and
moved postpOnement Of the trial until the March
Tenn Of the Court. The ground Of the motion
the abserce Of on alleged material witness in behalf Of
the defense, who was in Washington City The mo-
ton was sustained by affidavit of Mathews, which,
beside stating the fact of the witness Thompson, beog
absent, alleged that due diligence had been used BY
def, pdant Ia secure Thompsons attendance.
The District Attorney said that he considered !; in
cumbent under the circumstances thst the defense
should state what they expected 10 prove by the
vitness.
TIE Court regarded the as very simple one,
thst the defendant either did did not keep gam
blpghcuse and unless this allegation in the indct-
uent to be dsproycd he was not disposed to post
pone the case on account OF tho absence OF the
testimony.
MI B1steed said be should prove by the witness
that Mathews did lot and had not kept gambling
house.
The Court said that il the motion to postpone was
pressed he should require that the defendant make
an additional affidavit that he would prove by the
witness denial Of the allegations contained in the
indCtment-not merely that he expected ~ prove the
denial but that he r0Vid prove il.
Mr. Busted said that, with his advice, his client
should never make ssch an affidavit, nasmuch as by
doing he would TO that which might, contrary
to lis anoipatoBs, lead TO bis being held by thus
Court for the more serious otfense of perjury.
Tie Court said that that what it desired. II
untrue allegations were sworn to in affidavit put in
to procure delay in administration of Justice be de-
sired to have the parties held TO strict accountability
Mr. Busted offered additional affidavit OF Ma
thows stating that deponent expected to prove by
the asent witness Thompson, that he had never kept
gambling house, upon which the defense moved toe
9,apt Of tla naaq ~ he lem
Tie Court refused to sustain the motion.
Mr. Busted then ask that a commission be grant
ed TO procure the examination Of Thompson dc bsAc
eSse, which was also refused.
Mr. Busteed-Will the District-Attorney state when
he expects to bring the of Mr. Mathews TO
trial
Mr.. Hsl-As soon as the arguments shall have been
b. ard in the of Joseph y. Hall.
Mr.. Busteed-Then shall enter plea of guilty.
Mr.. Habitat is the most sensible speech you have
made to-day.
Mr.. Busteed-We enter this plea under a strong
legal necessity. desire to state to the Court in this
connection that tie defendant is, and hs, been for
nine MOI tbs past resident of Long Island, where he
las been earning a subsistence by working on q farm
for himself, wife and chill iron Whatever act OF gam
hlrg Mr. Mathews may have participated in, he holds
himst II 10 be not guilty under the Indictment and he
pleads guilty in this shape: In compon with great
many he has played cards; that lis the head and front
of his Ofiense and IL il greater. But during the
past nine months he has resided continuously on Long
1land visiting New-YOr only at intervals of two or
three months shall ask, in consideration of all the
facts, that judgment be suspended in the case of
Mathews If your honor desires any proof OF the facts
which have stated, affdavits shall be forthcoming.
am entirely willing to state in behalf OF the defend
ant, that in the of any future iDfracon of the
gan ing law the Court may intict upon him the high
Get punishment contemplated by the law without any
hteposton of bis counsel to procure mitigation OF
sentence.
Judge Capron--If it be true that Mr.. Mathews has
retired to n farm and il engaged in obtaining an hon
Il. ltroltl OCH he n tor f
sideraton with ME in the formation of decision.
will let the lie over until Monday next, when l
will render Oclsion with the other cases in which the
parties plead guilty should like to have any aihda-
Wits which the counsel has can produce, going to
show Mathews's present course of life.
Mr. Busted announced that hs appeared in behalf
of Alexander Blackman, and that the defendant was
ready to be put upon his trial.
Tie Dsrict-AuoTey said he would set tho case
down ior Monday calendar.
Robert f.. Holmes counsel for Charles Heileman,
indicted under the name OF liylandl and George w.
Thompson, Indicted under the name Ot jackson
ThUmpsonJ entered plea in abatement on the ground
of misnoHen in both cases, and moved the cases be
discharged.
The Court sustained the motion.
The case of Michael Smith Mr.. Holmes moved be
rosponed on account Of the absence of John MOrrsey
material witness for the Defense who was tenpoiar-
lily absent in Chicago.
The case went over to Monday.
MIR. Holmes stated further, that it the intention
of Mr.. Brady as associate counsel for William White
eide to to quash the indictment against w hite
side. BY arrangement with the D!s'sct- At0ney and
tie Court the went TO await the decision in
tie of Joseph s. Hall similar motion, which
was to be argued by Mr.. John Graham.
Dir. Graham then proceeded to make his argument
in the case Of Hall. lie based the motion TO luash
upon:
/. That gambling was a misdemean0r, and not
felony according to the definitions of the statutes and
therefore this Court had not jurisdiction unless tho
Lad come through the Special Sessions.
. Because the indictment bad been found against
defendant before the jurisdiction Of the Police Justos
had ased, thus declaring the defendant of hs RICH!
to q full preliminary examination.
3. hat section Of the statute which prescrbes the
puuisl is invalid because it prescrbos that the
punishment on conviction shall be not less than ten
days' imprisonment in the pententiary and rot more
than two years imprisonment in the State Prison.
which let no alternative TO the prisoner, except in
three counties where there ponitenares but to
receive the highest punishment.
The argument of Mr. Hall, the Dstret-A Attorney
against the motion to quasb, will be heard to-day.
Tie Court then adjourned.