The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-21
TRIAL OF HUNTINGTON FOB rORcuY.

Lawyers ON the Duty OF the Press-Hmtlnx-
toms Trial OBSERVATION-DISCLOSURES Of Prison.
ers--A Remarkable Device Wills and Com
ley sent to Sing sing-Speeeh Of Wtns-Re-
marks OF the Juoge-An Avarfcious Coun-
sel-Jas. It. Brady, Esq, the District AttOr-
ney and Judge Capron tell Editors how
they ought 10 Conduct their Newspapers-
the Grand Jury Compliment the Police,
and so does the Judge-Grand Temperance
Grafton, &c.
COURT OF GENERAL SESSIONS
Before Judge Capron
Dnc. 2o.-This being the last day Of the term the
morning was occupied in passing sentences. Gustave
Michael who tried and convicted several weeks ago
Tor obtaining large sum Of Of money from man named
Schmidt, was brought up. He represented himself a.
policeman, and told schmid. that he had purchased
amount OF gold dust that had stolen Schmidt
very tmid man, and Michael succeeded in obtaining
money from him 10 settle the matter" The Judge Ia
passing sentence remarked that the crime committed
unaer very peculiar circumstances. The prisoner pro-
cured isome Witnesses Who testified 10 facts Qf
they were to be belevtd) tina. world show
he could mot have committed the crime Of which
he had been convicted They swore that the
prisoner Was laid up In bed with lame limbs which
would have rendered 1t impossible for him to nave com
mted the crime The Judge at the time Of the trial.
though the jury convicted him. thought there was room
Tor doubt but subs cquenty . remark to him
which he thought unlocked the whole mystery, and salts
fed him that the jury were very sagacious and did
tirey right, and that "this The prisoner had
brother, and the medical thought they we're
tesying TO the prisoners condition, when in fact
his brother who had the lame legs. The prisoner
called Mchae and the questions put the Witnesses
were, "Was Michaels confined to his room2' The wilt
prisoner as mis- Christian name was not mentioned He
was sent 10 the State prison for three and hah years
George Wiers who was tried snd convicted for STAB
bing Mr. PetRrew In the Bowery, was sent TO the Pen
Tertiary for SIX months.
wills and rConley, the loan brokers, VINO con-
vcted Of receiving $1,000 worth Of aces knowing hem<
70 have been ieonousy obtained were brought up 70.
sentence Mr. Wills said that his counsel did Intend
soner's) means were entirely exhausted. BE mad no
doubt toat from the patience and mparaty which the
decision upon the developed He acknowledged
warmest thanks to his counsel for the IN which
BE &c cos sa
thought the verdict unexpected by majority Of the
people that heard the evidence. still he would be
sorry to mpugn the motives OF the Jury. Al the
object Of punishment WAS 70 deter the prisoners
from the repetition OF guilt, he would say that
unnecessary. They had made up their minds to pursue
different course In future and permitted 70 20 free
that bis Honor would stgmatize their character
such An indeibe manner that they could not here
WINS de DE- very feeling appeal to the Judge but a.
VIII be seen, without avail. Judge Capron, 10 passing
sentence, said that there were several circumstances
surrounding this case which distinguished from any
other that had been his fortune to be concerned since
he had acted 10 his present capacity. Those cir
cunsaI that not only appealed TO his sympathy but
bad force them with refercsce public considerations.
The amount Of property taken IN that instance VS. large,
largest interests in this cnythe safety and
security OF the mercantile interests He had had occasion
S. 5000 mary n%es sDce ne wa. Appointed 0s
was increased not only In frequency but in the extent Of
the crime itself Il seemed though the persons en-
they were encouraged to be 30 from the lenien-
cy Of the Court. Here, in this instance. mer-
and Is compelled to spend $4,000 70 &c, $4,000
worth restored 10 him. and jury, after hearing the
nary appeals to their ~ paihy and Judgment behalf
Of the prisoners that he bad heard, in the very
.sOr' space % forty minutes ,s ouna verde. o. sGy
were guilty Of buying the sces knowing them 70 have
been stolen goods and also that ttey were tso Of that
infested this city fearful extent In reference TO
Conky, the testimony not SO voluminous, but the
jury made difference between the prisoners, and the
impression made upon the mind OF the Court was. that
Conley could have done what he did and Just IN the
manner which he did It, without having had previous
Fiction the Judge thought that the jury reflected moro
upon the matter Than be did q The time the verdict WAS
rendered. Judges were IN the habit oil sending poor
men, fricndess boys, Rnt persons without position or
friends TO the State prbon for perpetrating crimes the
fraction In value compared TO this ofcn fer stealing
few dollars, they sent two years 70 the State
In high Me- ,hose who lad been surrounded al their lives
by elevsng Influences, Who had arrived nj ripe matu
rty, who bad tbe resraniog influences q p.easan.
all those restraints and committed crime, whether the
Court could win the least show Of proprey or Justice
make exception 10 their favor. II seemed 70 him that
the Court Of justice that would do mock Court,
and the Judge that would yield to IT. would not only DO
justly liable 70 but TO be despised by every sen
able With the very strongest desire 80 far asa
man. be disposed TO let the prisoners 20 srce-to ro
form their lives form resolutions, enter upon res
pectabie business, and make their wives and friends
bappy-but he had public duty 10 perform which was
paramount 70 all personal considerations be should
ne to nraf qd na nm 4
mockery OF the law Tho,e considerations pressed upon
hs mind with such force that he yielded ne soud DC
violating his COINCIDENCE and that principle be many
years ago resolved never to do. rhHpensnoe Of the
oeur, vas confinement Cor four years eight months u
wife OF Ocney cupg 10 him enacousy aer the sentence
was pronounced and no moved 70 tears. wills took
Wen know 10 he authorizes in Europe and has served
several termy In prison there Conley. reported,
.so was noted picspocse. on an ensnsve s &c ,sI
means counsel declined appearing for them and would not
carry their higher tribunal unless be got $500
Judge Bcebe asked the Court 10 allow the prisoners 70
remain In the city few days In order 70 settle up their
bu,ness. The District Attorney replied thu. hey wsrc
In the matter and would leave them In the hands OF the
sheriff. The prs onsrs we're then removed -
A Of the Jurors Huntington trial Is an Israel
tie be begged 10 be excused from attending to-day.
After short conference with the District Attorney The
eSRa wS n re .pa
Before the jury discharged,
James I. Brady, Hq. and said-hay please the
tentiop publications about this which appeared
two Of The morning rsrcrs, the HsR.fp and he Tint
and may be In other journals, but have not had 40
opportunity ofsceipg them Your Honor has told this
jury las customary that while they emrsnreled
this trial and before they had heard oil tbs evidence,
they should not with other persons out o. the
Panel even with each other On tina. subject Of
course, do not interfere, ard never viii n any case AZ
far concerned jurors may 90 what they please
whatever may be their vie- Of the dcferoe which con
Quoted either BY myself alone or any person IN whom
am associated. when Jury has been empanuellsd 70
try such serious The present one involving per
sona liberty the hand aud public justice on the
other shall assume that they o unquesonsbe
and unapproachabe integrity until the contrary plainly
appears; and II has appeared TO mo In the whole
course Of my professional life that any who served
Juror actuatedsin any verdict rendered. By any
thing ellie than conscientious victon do not care
how much thee Jurors talk among themselves az ths
trial proceeds Your honor vif not suppose that %
not appreciate the caution which you In the HABIT
Of giving. Another thing thst has been customary,
especially when there long recess tra as from