The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-12

TRIAL or xHB aAa91xM1s
Patrick Hearns and Othcrs Flesd Guilty
Judge CsproA Won't Consent 70 suspend
Judgment Until " he has Slept Upon tho
Aoti0R." ~ ss
COyRr or GENERAL SESSIONS.
me Court General Sessions not been so crowded
fcs many day 1t yesterday morning by audi
interested In curious about the trials Of the vA
ous gamblers who under indictment and whose
wess al set down for the second Monday Of this term
(ysstsTdsy). s-fsta s, .
lawyers fancy men, policemen, thieves sharpsrs, and
a few women, made up the audisnee. Judge CApron
hsvs taken h seat at II O'Clock The Of Samuel
Suysam, Jacks6n ThonPsos, Joseph s. HAll, Alexander
BlasAmAn, Henry Cotton John r. Lying, Michael Smith,
Ed. Eomis, Vivian Norris Isaac Gilbert, Robert Nc caf
frey Thomas Weeks, George Beers, Jefferson Wells VIII
liam Mathews, Patrick Hsarne Alexander Edgar Sher
lock Hillman Charles Hyland, William whitesids all In
dicssd fer gamAing-wers then called separately.
Mr. Richard Dasteed said he appeared for Matthews and
Baskman, and he mistaken In the day to which the
cases were postponed ct the last term He SAID he un.
deTstood the adjourned till Tuesday instead OF
MsAdsy.
Mr. Hall ssd the Cosrt both said they distinctly re.
msnbered that all these were set down for this
day. but TO Mr. Busteed his csses miRht be
ssournsd A that DAY and the Court would proceed With
Hon. Daniel f. sicklos said-May it please the Court in
tho csse Of Mr. Hearrs. indicted for violation of the
statute fcrbiddDg gaming am instructed on behalf Of
the de5endeos to plead guilty to the indictment This
course has not been prompted much by dstrust Of
his aouity 70 make out good defence, 80 FAR the
from consciousness that however exAggera Ted or un
unded nay be the stories Of this PERSONS losses ia
81 .o Of 'ps not ns me pas
Visions rendsred himself amenable TO its penalties
Whatever difference of opinion may heretofore have
listed on the subieCand II has been uncomfortable
lit can longer be disguised that public sentiment now
demands the enforcement Of that law It Is equally OBJ
vious that the fixed purpose Of your Honor ma
gstrats and Judge perfor your duty in enforcng
the provisions Of this statute and that this
to receive the Jealous po werfa
cooperation Of the chief magistrate of the city, we'll a.
the ecent aid OF my learned friend the District Attor-
ney therefore to persist longer 10 keeping gaming
lie opinion but TO defy the zeal activity Of the sutho
nues My client may y plesse the Court will attempt
and upon q pledge Of this determination, he Is viii
ling to stake not only his liberty but whatever OF
position in the reputable walks Of life he may b.
has determined say and he solemnly declares this
court through his counsel thss under circumsauoes
and in no manner either directly or indirectly, will he
hereafter be engaged or connected With
gaming house. or any place or establishment whore
gaming s carried on This resolution has not been light
ly or hastily FORMED Before the Indictment was found
by the Grand jury the defendant had resolved to TX
up bis estabshme mt on the lst Of May next when his
lease expires and engage In other be and
therefore, may add, from my knowledge of the
jepcant, more copgenal pursuits. Even then, if this
Court TINT 10 the execution Of we'll
be would at the period have mentioned have abandon
ed repuisive occupation, in which the real dangers
and multiplied annoyances far outweigh the
ganH arr ncied often erroneously attributed to M
In unison with this determination msy that at
no time, AID in no manner since this case mas been
MFR he Law
gaming and Of this fact have coubt the authorities
are entirely satisfied. Had It been otherwise, it
SS thu l9d Re'i in S. s
extenuston the vice Of gaming or try 70 lessen the
blame which chngs 10 ,hore who add to ts temptations
tSs Of s,y and ssducv: example
pronounce against one who has justly exposed himself to
its snnadvers my client is prepared to receive and
the pens.siop Ok ths Sosst viii tsls occasion 70 Oh
that the foundation in truth the
prejudice and dsnunciAon which havs lately bssn d.
Iected against the deiendant He has been concerned in
noted gaming house-that is entirely true but when
this has been said, all is said No man has
ever incurred any risk suffered any loss beyond
that arising rom the vel! known and clearly
charged him with taking an unfair advantage, or
with committing mean or dishonest act, in any Of the
relstions OF society may here t.Ae occasion to st
malge as utterly false statement obviously put forth
to the defendant the disposition ef this case
which has appeared in several city newspapers
man. in communication to the press describing some
horrible which he says he Witnessed In Nstchez Ia
1884 asserts that was In Of the infamous gambung
dens which then cursed that city that he frat Mr.
Hearne To show how utterly devoid Of truth Is this
on only necessary to state that at the period
this country may aod that this Is fair specimen Of the
stories put in circulation respecting the defendant In
view Of the cir,umsances and assurances under which
this plea Is rendered. shall venture to submit to the
court with great deference whether the ends justice
may not be satisfied by suspension Of judgment which
shall depend for its continuance upon the strict and
faithful fVlflnent of copdon to be imposed by the
courts that sentence will pronounced against the de-
endant be ih. again vio.te the law under which he
criminal code is the prevention Of offences against its
provisions. In its benign spirit 1t looks to reform rather
with the more confidence since it Is so well known that
motive could actuate influence q stern moraist
sae s
best fulfilled when the evil may BE- abated and
ment the individual arragned 1t is perhaps hardly
necessary for add, that unless had fet justified
ument of the pledge which the defendant has made to
the Court should have left to ohershe task Of address,
ing your Honor behalf Of the defendant, upon the
presen. plea He man, by his educs4on, address
and atainments, ted TO sgnalze himself in any
munity; and when be leaves this hall today-ifhe shall
he permitted to do relieved from the sentence OF the
CJrt-it will be to take that place In the future estma
tion Of men which they are willing 20 accord to whe
although he has Offended against public morals can bold
ly and truly declare that yet, Intentionally
wfonged human being-to who will sedulousy, and
believe, successfully endeavor in his future career to
obterate whatever in the past he may regret de-
sire 70 be forgotten.
The District Attorney said the proper for the
DEFENDANTS counsel would have been to put in bis plea
first and talk about the sentence afterwards He said the
complainant in this gentleman vho former
y q very respectable merchant In this city The Grand
Jury almost unanimous in finding their Indictments,
and IL felt by the Grand Jury be to break
up these gaming establishments. It apparent that all
gaming In this city must be broken up is already felt
by gaming gentlemen to be dangerous to be seen enter
rg gambling establishment The police were instructed
to keep vigant watch upon all these and
that watch would be kept up till these establishments
all broken up. 1t was his intention to ask the
court to suspend judgment In this cas and In all other
cases where plea Of guilty given In and promise
gwen to abstain from vice. The law itself contem
plated this ensncy and when the defendant went from