The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-19
TIE TRIAL OF THE GAMBLERS.

blogs-MOeA0n 70 Arrest judgment In the
Case or these who have Pleaded Guilty.
COURT OF CENTRAL SESSIONS.
Before Judge Capron.
In the Court Of General Sessions thsre immense
Of people yesterday morning 1t II O'Clock II
being understood that Judge Capron would. ~ this Tune
dpess Of cases the gamblers Hundreds Who were
aaos to get the Court found the crowd 80 great
that they could not approach the OUTSIDE doors
TIA company composed OF olersymsn, gamblers,
tepsrs Temperance men thieves aad ioafes, being al In
ell . very motley company
At II O'Clock precisely Judge Capron came upon the
bench and the Court was opened Judge capron then
ssid that he prepared decision the case Of Joseph L.
Hau upon motion to quash the Indictment and had
6ed copy Of his decision with the Clerk Of the Court
Of whom the counsel on both sides might obtain it.
DECISION.
This "a an Indictment violations Of the various pro-
visions Of the "Act more efoctuay Suppress Ga
bling" psssed July 10, 1871. The defendant
quasi the indictment several grounds and viii
ssnted and discussed Before ing ia my TASK it
ia due 70 the counsel who have argued tue before
ploymen,s which oocid not &c Bsstenlly neglected
hom heslowirg upon the subject the attention aud
study which it Importance Demands and apo
oey win the ersater reeo from the consideration that
any error which may have committed may be promptly
corrected by superior jurisdiction without nieng on
tae attendant any injury The Defendants nrs
objection AZ that this Court has not jurisdiction TO ca
testAn this Indictment the offences sss forth in
1t misdemesnors This ooec lon i founded on the
9Th section Of tie of 1856 which confers exclu
sve jurisdiction the Special in all cases OF
misi ia this city and il distinctly presents the
question whether olences sgains. the gambling act
ieoDes. The language o, the statute
Keep or exhibit ssy gaSsbss "a aies, &C. he shall be
taken ard held coamon gamoer, &c, and shall he
seutecced not fss than ten days hard labor 10 the
penitenuary, thai years hard labor in
the State pisoe and fined ia any not exceeding
thousand liars 81. COnmon gambling, 1t is said,
wss. Of comm n law, on.y mi oemeAnor and The term
SteoEy" not being the gambling act the cri
no; raised TO felony BY increasing .hs os to
"a 30 In support OF this position The case OF the Pep
pie VS. wsrc, Hill 1886, affirmed il Hill, page LA Is
cited but have considered that settling
the construction # hs 3'h sscd, IN, just mentioned
The learned Judge who delivered the opinion OF the
Supreme Court In that admits that the question
wsy involved the which hs was examining
He mentions it only incidentally and lays, ~ sm inclined
TO think the Legislature Gle NOT &C their OBJECT
e. FIX tie legal cha aceTiscs OF all feionies IL this
State, AID consequently, OF misdeneanor He vas IN
caed to tn nk that The Legislature had only defined fe
lcny in the in which he crime named felony
in statutes. Leaving law eones unaffected, and
here Is that vIol..ions d The gambling act ars
cot fecnies because they are not declared in that
statute. l have always ded the language Of tie
thris,h section tantaguoult 70 this oence Cor
which iho offender ccly:iop, shall be liable by lay
TO &c punisheo py Geah or by prison men. in ate
prison, HAL be ecn~trued 10 mean felony The Ian
gusge Of he sec,itn is The term felony VIII used In
offence Tor ~hich the Of ndsr, convection,
shan be la hy aw 20 b, puni hed by death or itnpri
ment in State prison qhis but another form Of
speech for tina, felony shall he offence which
may be punished By imprisonrne't in State prison,
ara when used in aoy stature The Term shall be 50
rsmbi T. ebony baesuse the fielder may be punish
cd m S prison am tn At or two other De
by Judges VII ply cited tina. case, and made
Argument; Dot iTtgsrd he const5uc ION tn tuiste Cd
section sti open ques'i !. But not sithou
high suthotios tor the construction which
insist say several hnghsn writer's, "At ,nmea
s s wss osba1 r.ps
soccny. rsyien ana larceny b. statutes, however
time to time created, ILL., Gns y not only almss every
henous offence against persoo or property was asudsd
within this class, but IL was he'd that whenever judy
ment o. life member affixed by statute, thu
offence to which it attached became tslonious oy
implication the ugh the word felony not usei the
English courts formedg 1t upon that Of analogy
drawn from the TACT iba Parliament had for series OF
years attached Ia eiories GRATED by statute nf,und
character Of punishment. woen therefore . statute
offence created, II its grade the scale OF crime
named In tine enactment, i. by imph.ation held
TO be felony, the prescribed punishment she
In character that ta been esaoishsd by Paramsa IN
wa Apply this very ea enable ul in the construct: n Of
DOR statutes gau ing - felony IL IS sta ute Of
teees and aattoogh Il is not nfmsd tsony, ia the
of punishment prescribed by ths Legislature, tor
ali statute fs!criss it IL i;seG ebony. It will
perceived ttst this argument II marurarea wholly
Irrespective of the tructiou which may re given
to IT. (R. ;o2, sec. 3o) lt j. also argued that s
miiaIfty of pun.shme II. ~hsn cot the oHy punish
msnt, does not necessarily make crines seores The
soundness Of rcsi il t;auspsTen, the bare
had to the parcu stated under consideration.
II q not allowable II the interprstai1n Of statute 20
favor Gberiy The of the soth secuan are when
the OF. nder shall he liza Die 70 puaishmsn in State
may be Inflicted IN the discretion Of the court The
gunsnt proves too much applied In all it force
the OF exercising discretion woua be wholly taken
away and IN Nil judges would be forced BY the rules
to inft he loves u pensy IN every c.e There
il another view which may further elcid.ts This quss
ten. Gambling il ststuts oasocs in this STATE.
nal in gambling At cou,mon law and csnprehends many
cthers vicaiops % IL srsd in the act
msdsresuors IL terms and oy K s, page sos, &c.
only those sc-s foroldaen By law are mis-
scriting no penalties. our gambling act doss pre-.
scribe penalties at'5us Of rs provisions
soe therefore mser Wit in he meaning Of the
3eth section oiseo I 10th section fxes the m xxi
mum Of punishnent Of g Gases Ct 1nisde
named euch in the statutes creating the offence The
which, BY the term II tie creating II, involves
punishment IL oe state prisor, il flcny although the
tae creating sct expressly declares sti nisde.
mesnor Upon the De en6aDt tst point theref re IN II
tine eupe Tor shall definitely tile the question fleet
hco that offences ainst the eanoiing act
b. Implication ii hot raised from misoe
q tSe. The second giSend o. winch tbs defendant
70 quasi the indictment, IL that proceedings
s.es psnsns q p es the 4 Sc en s h
aad examination Of oiie nGe-s, their commit
ment for t4al letting them 30 call" " Is
insisted that institution OF these proceedings
fers upon person arrested certain vested rigas In
respect 70 the examination aud ,auoa OF the
Complainant. and other Witnesses on the part OF the
Prosecution ard tie examination OF the with be-
half of the accused and hat these rights cannot be
wrested from a party by the Interpolation OF Grand
jury conveyed ard fincing nent for The
charge pending those proceedings. 1t is alleged that
eh che two nudes Of procef ditg are concurrent and
that the proceeding first instituted acquites thereby
cxcusvp ton and retain. uniI the proceedings
CLOSED that criminal charges must Ia all
be preferred before the poll ia ises and the party
ensed be ethet Committed oaiIed incipien step
~ the actin OF the Grand jay. have examined
An and ffonnN cifnd
In support or It by The counsel for defendant but
have entirely failed TO discover th.t tney offered any
support this proportion. The auth rty which Il
mos. la point in Pennsylvania an ppIicason
made 70 the Court by Grand Jury leave Issue
process 70 procure the attendance q before
them whose evidence and information bits mig It be
found ADD 6ei against the officers OF the b ard