New-York daily tribune., 1856-02-12
Law LNI'RLLIGENCE
THE CASES OF THE INDICTED GAMBLERS.

Judge Capron presiding The cases Of Patrick hearne,
George Beer. Alexander Edgar, Sherlock iillman,
Jefferson Wells and Robert MeCafirey who are sever
ally indicted or gambling, were the frst on the calen-
dAr 5or the day.
The defendants appeared in Court and answered to
their nance
In their behalf Daniel f. Sckes as counsel addressed
the Court. He said
Nav il please the Court IN the ease Of Mr.. Hearne,
indicted for a violation Of the statute forbdding gam
ing, am instructed, on behalf Of the defendant, TO
plead guilty TO the indictment. This course has not
been prompted much by a dstrust Of his ability TO
make out good defense, far the charges OF Jen-
niDgs the complainant, are concerned, as from con
sciousness that, however exaggerated or uniOanded
may be the stories Of this persons Losses, Is undena-
bly true that the defendant has since the passage OF
the OF ls5l unfrequenty violated It's provisions
md rendered himself arnenable 10 oits penalties nat
ever difference fOpinOn may heretofore have exted
on the subjectand il has not been inconslderaoe-H
can no longer be disguised that public sentiment now
demands the enforcement Of that law. IL ls equally
obvious that it the fixed purpose OF your Honor a.
magistrate and judge, TO perform your duty IN en-
forcing the stringent provisions OF this statute and that
IN this undertaking you TO receive the zeaous and
powerful cooperation Of the chief magistrate OF the city
swell as the efficient aid of my learned friend the DIS
trct Attorney, therefore TO pcTst any longer keeping
gaming house in NewYOTk. would be not only to DIS
regard pnbc opinion but TO defy the zeal and activity
Of the authOrities Ny client, may please the Court,
will attempt neither the one nor the other lie has de-
termined and upon pledge Of this determination he
- willing 20 stake not only bis liberty, Int whatever
Of position in the reputable walk of life he may be
able, hereafter. to attain in this community-he has
determined, say and he solemny declares TO tins
Court, through lis Counsel, that under no clrcum-
stances and manner, either directly or indirectly,
will he hereafter be engaged concerned in or con
pected with gaming house, any place or establish
nlent where gaming carried on. This resolution has
not been lightly or hastily formed. Before the indict;
ment found by the Grand jury, the defendant mad
resolved to break up his establishment on the st OF
May next, when his lease expires ana engage IN olDeI
more respectable and therefore, may add, from my
own knowledge OF the defendant more congenla pur-
suite Even then, if this prosecution had never been
instituted, may assure the Court that III the execu
tion Of wel-deliberated purpose be would, at the
period have mentioned have abandoned repusve
occupation, in which the real damages and multiplied
aDnOysnces far outweigh the exaggerated gains and
fancied ease often erroneously attributed 10 It. In
mison with this determination / may observe that at
no time and in no manner, since this case has been
pending, has the defendant niringed te law against
gaming and of this fact have no doubt the authOn-
tes are entirely satisfied. Had 1t been otherwise, 1t
could not have escaped the vgiant eye which 1t is
known s now kept by the Police upon every
Beputed establishment of the kind in the city.
III is not for me- IT please the Court, to say one
word in extenuaon Of the vice of gaming, to try
20 lessen the blame which clings to those who add to
it's temptations the aurements OF gay saloons and Sc
ductiye example Whatever of censure the Bench
may deem its duty to pronounce against one who
has Justly exposed himself 10 its anmadycrslOn my
client is prepared TO receive, and it is no part OF my
duty TO seek TO avert it. But, with the permission of
Abe Court will take occasion to observe that there
no foundation in truth for much of the prejudice and
denuncatiOn which have lately been directed against
the defendant. He has been concerned in noted
gaming house that il entirely true; but when this has
been said all is said. No has complained or
suggested that in the defendants house. he ever III
cared any risk suffered any loss beyond the under
stood hazards of the gamng-table. No man has ever
charged him with taking nnfalr advantage or with
mn ffiuQn mos Of "A
relations of society. | may here take occasion to
Etigmatze utterly false o statement obviously put
forth prejudice the defendant in the disposition of
this case, which has recently appeared IN severa
city newspapers, over the signature Of notorious
person called Green. This man, in com
muncation to the press describing some
horrible which he says he witnessed in Natchez
IN 1894, asserts that it in of the Infamous
gambling dens which then cursed that city, that he
frst saw Mr.. Heame. To show how utterly devoid OF
truth IL this assertion, It IS only necessary to state tna
at the period mentioned Mr. Ileane not, and had
never been, in this country, has he ever at any
time since been in Matches. may add that this is a
fair specimen of the stories put IN circulation respect
mg the defendant. In view of the circumstances and
assurances under which this plea is rendered, shall
venture to submit to the court with great Difference
whether the ends of justice may not be satisfied by
suspension OF judgment, which shall depend for It's con-
tnuance upon the strict and fhful fuhllmeR OF con-
dition to be imposed by the Court that sentence will
be pronounced against the defendant he shall again
violate the law under which he is now prosecuted.
prevention of offenses against It's provisions. In its
benign spirit looks TO reform rather than revenge
and make this appeal to your honor with the more
confidence, since II is so wei known that no mo-
tive actuate or influence a stern moralist and up
right Judge TO suspend the judgement of the court
Il like the present, except the assurance
that the demands of public justice are best
fulfilled when the evil may be abated and
the law vindicated without inhctng retaatory pun
ishment on the individual arraigned. Ii Is perhaps,
hardly necessary for me to add, that unless had felt
satisfied in giving the most unreserved assurance OF the
exact fulhlment of the pledge which defendant has
made to this Court. should have left to Others the
task Of addressing your Honor behalf of the defer
dant, upon the present plea. lie Is man. by his edu-
cation, address and attainments, fitted 10 Sgnalze
himself in any community and when he leaves this
hall tOday-nh he shall be permitted to do so, relieved
from the sentence Of the Courtt will be to take that
place in the future estimation of men, which they
willing 10 accord TO who although he has offended
against public morals can boldly and truly declare
that he never yet, Intentionally wronged human be-
ngto who will sedulousy, and believe, success
fully endeavoT in his future career 10 obterate what
in the past he may regret or can desire to be Tor
gotten.
Mr. Hall, the Distric-Attomey, said that he had
two distinct duties to perform In cases where parties
charged with crime. The first was to see that
the parties were brought to trial; the second that
they punished according to their deserts. In the
present the parties plead guilty to the indictments
against them, and lay themselves liable to punishment;
but, inasmuch as they willing TO bind themselves
by a solemn promise to relnqush the business for the
future he should not oppose suspension ofjudgment,
NJ gambling, in hs opinion, is species of in-
sanity and the ends Of Justice would conse-
auently be nearer attained II the parties gave it
mp than if they were fined few hundred dollars or
imprisoned short time and then resumed IT. He,
however declared his intention should the Court suS-
pend judgment, TO watch the prisoners, and If they
were ever brought before Court again would urge
upon them the extreme punishment OF the law, VIZ:
two years in the State Prison.
The Court stated that IL his intention to uproot
gambling in the city to the extent of his ability and