New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-21
La " INTELLIGENCE.
CASE OF THE INDICTED GAMBLERS.

1t being understood that the Of Heirne ani
Others would come before the Court Of Sessions yea
terday, the chamber was crowded by citizen ant
others before the opening OF the court.
The Court said that previous to proceeding with tae
case which Wa on Trial at the adjournment oil tae
court on the previous day, he desired to OF Ae
OF the parties wLo had pleaded guilty to the IN
dicimeIts for gambling. He accordingly ordered the
Clerk to cal tie names OF the parties to see II they
present.
The Clerk called the name % Patrick Hearne, when
Mr. Sckle and said that he had not thought 70
be- neosssIy for Bis clients to he present this morning.
be supposed that set aside for the purpose OF
,ul miiti to the Court h. authorities, going to show
that the Court had power to hear motion IN arr,
Of judgment in cases where a prisoner had peaiei
guilty.
The Court said that il was his aim and desire TO
clcse the cases GualIy now He had examined the
gu, son in relation 10 the power OF the Court TO en-
terrain tie motion, aud was still OF the same OPINION
He had been able to find but one case in the books
going To show that such power did exist with the
Count which was 10 be found in the first volume OF
Massachusetts Reports page 1879, and that put IN
ly consent, expressly for the purpose OF raising que.-
iOns desired to be tested Immediately. Yet, notwth-
standing that be was clear in his opinion that no Such
rover existed, be would fUrego his own cOnVic-
lions and allow the counsel 10 move i'll arrest.
Mr.. Sckles said be did not come prepared to move
IN arrest tits morning be having devoted bis time to
procuring authorize, going to show the power OF the
Court To net IN the matter Of arrest OF Judgment.
The Court said h. was ready to hear that motion
when the prisoners should be called up and they be
Gsked they had anything to say why sentence should
Lot be- pronounced AZ ainst them.
Mr. Sckles thought that the citations of authorities
going 10 show the power of the Court to hear motion
was Iat Of The records and be had therefore, bot
considoTtd 1t hecersay to request the accused to Dc
present.
:, The Court regarded this rs part of the motion to
arrest which could DOi be heard unless the accused
were present. a. they were lot here the proceeding
could not go on The tcognzances must be forfeited
and bench warrants be- issued bring the defendants IN.
Nh Sc klcs hoped that the District-Attoriey would
not e it TO be lis duty the forfeiture OF the
recOgEilances.
10 power in this matter.
Tie Counsel thought that the Court could by law
know nothing Of the merits of a until it was
brought before it by the Counsel in the case
The Count asked how it would be in case If a
couupt District Attorney should conniye with the de-
PENDANTS and refuse to bring the ease on Mt all.
The Count thought that the District Attorney was
but an officer or agent of the Court
Mr. Sickle asked if Court could order District
Attorney TO move in a cause.
The Court said could under certain circumstances
Mr.. Sckles thought that such could not be done un-
der any circumstances, as the law was opposed TO
Court assuming the position OF Il partisan.
Tie Court aid be might be wrong, but he was will
inc 10 take the responsibility. But before he could
take any action the names OF the defendants must he
called.
Mr. Sckles protested against the names being called.
names of the parties who had plead guilty be called,
sccor,lr to the understanding made on Monday that
this couIse be pursued.
The District Attorney, \. Oakley Hall, said be
et loss to perceive what relation he could have to the
case in It's aspect When the accused had en-
tered plea Of guiy-which amounted toa CONVICTION
and b. mOycG for Judgment, his connection with
the cases ended In regard to the forfeiture OF recOS-
uizances there was doubt but the Court had per-
feet night to ak the Clerk to call the names OF defend
ants because one condition OF the recognzance was
ii mt the defendant should be- always in Court and nos
d part without it, cave.
The Court said that was precisely It's view, but
10 satisfy the counsel he had thought it best to ask the
Disrict-Attoney TO have the cases called.
The Clerk called the names OF Patrick llearne, Aex-
andcr Edgar Robert McCaflcy George Beers, Jeiter-
,on Wells, Sherlock liilman, " lliam Mathews, Will
lam Norris, and Eden Nor1is.
The three last named only responded.
M sickles said be appeared Tor the absentces.
The Comt- Mr. District Attorney, have done all |
Mr. Hall-My course in such Is to issue a
bench warrant to bring the parties in, ald viii 10 50
Mr. Brewer in behalf of William aud Eden Norris
soid he desired 10 read certain alidnys which had
been prepared. The oiidayrs were signed by VIM.
H. Uoukins and Coroner Robert Gamble. They de-
uosed In substance that they had known the brothers
Norris intimately for twenty years; that the elder was
n butcher bv profession, but aiierward had driven
cart the younger boOk-binder, and during the
Whole period OF their Acquaintance with them they
have families, which they provide, and deponcnts
believe both to be- men Of truth and atty
Mr. Brewer stated further that they had closed their
establishment and were now engaged IN other employ
men;s, and when arrested they had gone ont OF the
business.
Tle Court-There is nothing said about their cir
cum.tauces in lie. How long were they engaged in
gambling
Nh Brewer Only few months. They now en-
tirely d;scoLnectcd IRON tie business.
Tie Comt-That fact does not weigh with me, rs a
person may quit tie busners Ia Icy foundation to ask
he Count for Suspension If judgment IL IS an'ece
dents further back that be looked Tor. They may be
running persons, begganng families, and leading re-
spectable perso into crme in following this nfatua
ton. for gambling | regard but an infatuation,
and yet they may be benevolent kind to the poor,
giving them freely To money tbey nave roDDeu ioin
Others
Mr.. Brewer-Their house was closed at the time Of
their GTest.
auy representations or assurances given by You TO
thee parties a. To what course would be pursued II
thew would plead guilty
Mr. IIal-None at all. The pleas were put in with
out any idea a. to what the Court would do. have
stated very openly as did las Monday in this Court
that aocial vices most efectuay to be put down.
when psIic- entered pleas OF guilty by holding SEN
fences over them Ike the sword OF Damoces, aud on
the rst suspicion OF their again offending, to let the
sword fall down upon them with full weight. Since
have occupied my present position, this is the course
which | believe has been pursued in every instance
with seutary results but never mortgage the Court
Tie Court-l wished to be entirely independent and
hence if any limitations had been given by the public
prosecutor, should have yielded with great pleasure
Tor be has had much greater experience IN treating
criminals than have. Are the defendants IN court
Mr.. BTewer-TLey
The accused paIties, William and Eden Morris, ap-
reared before the bar.
The Court, Ito the Observation-Disclosures, l have
given these nearly all my attention since the
pleas Of guilty have been put in, and | have asked
Lcse persons not the lowest in the community
not poor not depraved at least in one sense-not gno-