New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-22

punish al alike. Bat common sense would dictate
that was Dot probable oil were deserving OF the
snme punishment. During this time have leaned
mapy facts in relation to these perOns and i hal
race up nv mind what should do had concluded
in the cases Of the Norrises and Mathews-to say
rothirc of the other cesestrvr the representations
nc;caiirg clearly if you can rely upon what Is sworn
10 ia; ,Iey had lef the business without knowing
COMPLAINTS had betn made against them, and made up
my mind thai these three at least were entitled 10 the
benefits Of the cemerey Of the Court. eave thought
that with the knowledge their part that Tits exer-
cse Of the Courts discretion did not exempt them at
al from puui hneut. but oniy put OF TOR the cay
that judgment still hangs over them and can be exc
cgtsd whenever public justice, in the estimation OF the
public prosecutor, seems To require It'll they really
bad lefl the business before the complaints made,
land the highest evidence which be afforded by
anybody has been given going 10 show that they had
qut their course OF hs,l and about b. enter into
the prosecution of honorable business think il will
stike every mind that would be the hight If njus-
tce against such individuals to bring them up after
thew had entered upon this OF refoeo far a.
we have any light, with sincerty-punish them and
render them infamous for old act before they bad
termed these resolutions They could well cay WHAT'S
the use Of refomng you bring up all these old matters
They come forward like honest men and say We have
be.n guilty we cannot defend ourselves; and they
bring in afiidayits showing that they had abandoned
this business II seems to me- therefore, that would
not only be proper exercise of the discretion OF the
Court but justice would seem to require that their
cases should be made exception for the law GER
taiuly takes pleasure in indicating its power
and influence by showing mercy than does by innict-
ing punishment; and il only nflicts punishment when
no other course will answer. Urder these circum-
stances will yield these two instances to the prayer
of the petitioners and authorize this judgment to stand
suspended over these men, with the assurance on my
Part that they are guilty Of this or any other
kindred vice | shall feel myself justified in ordering
the execution Of judgment against them. 1 did this
same thing in the case OF Mathews and have been in
formed this morning that it the very worst thing
did in my life.
Mr. Buste.d-Some very gross sanderer, Sir.
The Court only tell this to show how little we
know after all We have done. believed | did right
and believe now; II shows how uncertain things
are after all the pains we may take to bring out the
truth.
The defendants then left the Court.
boy of about seventeen years of age was put upon
his trial ON charge OF highway robbery in assaulting
a man named james Hamilton in Cherry street on the
night of the 18th inst, and taking gold watch from
his person. ~
Hamilton testified that he had been drinking freely;
that three persons of whom the defendant was one,
committed the oense Of the three kicked him sew
eral times and the prisoner took the watch and chain
fom him. Ii being considered unsafe to convict upon
such Testimony, the Dstrict-Attorpey accepted
dict of assault with intent to commit robbery. judy
ment suspended.