The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-21
ME CASES OF THE GAMBLERS.

xHE CASES OF THE GAMBLERS.
Whs Judxe Wants % Sentence First and
Near the Motion % Arrest Judgment Az
tsvwards-The Descendants Calica, bat Vet
% Hand-Argument, Debate, Sc.
ooCRT OF GENERAL SESSIONS
Before Hon Judge Cspron.
me Court Of Sessions was crowded usual YESTERDAY
spoA ts occasion OF disposng Of the gsmohng oasss
ne court ROOM anything, WAS more efo~aea snAn
ssuAl.
Ihe Judge took his seat the bench rev minutes
stsr IL o'clock and the Court immediately opened
Jusse esurou then sad--Mr. Cetk, wish you would
-, the names Of those parties who have pleaded guilty
VI gambling
me Clerk then called the name Of Pat Hearn.
Nh sichles-I did not think IT necessary to have my
-,<nts this morning, inasmsch supposed
e,ly 70 put in my authorities upon motion to arrest
Judgment.
Judge O~pron-0h NO Il SIN going TO close up this thing
want to ask thsse prisoners what they have to
ssy Why Judgment should not b prsnounced against
'hsn, and then win hear your argument afterwards
Mr.. sehles-I to-day to argue this molten, and
meme other; and Coz this had not directed the
as5sndants to attend
Judge CApror-You could not argue that motion
wheut their presence After their conviction they must
- present upon the argument Of every motion The on
~
,ssue hsneh warrant, and bring them In THIS il our
snly course
nsy, and understanding that he could GO on with
thess ! conformed to his convenience, AMI
hsre viii idea that the course would be pursued that
Judge Capron-Has the Court NO powers Is all the
power vested in he hands Of the District Attorney
Mr.. Sickles-Csrtainly the Court has power; but it
siss in judgment here, and should &C. when the Dis
Hict Attorney should move; and unders.an dng be-
tween the District Attorney and counsel should be treat
Cd with cOnsiderAt
Judge Capros-I distinctly stated yesterday that these
eases should be settled day and allow the
day day and the time of the Court
After sentence you may for arrest OF judgment
:.d then wiz nssr you wisn g.est deal Of pleasure
have been before the Court already in the OF Hall
and others, you may save yourself the trouble of pre-
Mr.. sickles said he had read the Judge
IN The OF Hall and had points 70 raise in
ths ease. have actet in good faith in this
Judge capron-I have no doubt Of that You have
N. sickles-Then my clients have acteo good faith,
Sr they have been guided entirely BY me- Aud under
should not b. forfeited There may be OF the de-
PENDANTS here, and they nay not be here There may be
no. e here @
Jsdge CaproDThere ia use of arguing this question
further. Do of two thingseither produce the de
sndants and If they DO not answer then let the law
ahe its and the recognzances be forfeited and
this viii end my connection with these this term
Mr.. sches-I hope that neither Of these viii
Ae pursued. trust the District Attorney viii
saer il his duty to move for the forfeiture Of these reso
Judge Caprou-I ask again II the Court has 10 power
The District Attorney is the mere agent OF the Court and
= The Court is pls.sd the RsTs1 The Judge is not an
Mr. Gckles-Aotons come from the District Attorney,
and contend that Io proceedings could be carried
without motion from ono counsellor the other.
Judge Capron-I must dscee this matter. order the
assndants to be called and viii take the responsibility
!. NJ. sickles-I protest against such course.
JsSse CapronI now request tse District Attorney 20
Dssriat Attornsy-Ay connection in this case ends
with conviction. come here to argue motions, and
any 70 e o nr ore
e Clerk to call the names OF the defendants but this is
not within my duties
Judge Cepron-These are ideas exactly; but asked
ycu 70 es Tor them inst to obGge the counsel the
stAsr side. Nov, We viii stop this matter here.
fhs Clerk then called the ef Pat. Hesrn, Robert
nsCsdrey, A Eden Geo. Beers, JEFF Wells, 8. Hllm.n
Nashsws and the two Norrises.
Mr. a:klss.-l appear for Hearn and four others of the
jude Capron-Your appearance viii make no differ
Mr.. aciles-I don't wish to answer this question.
Now, wish it understood that appear for thsse dc
6ndAnts, and preserve their rights to this extent
Judge Cspron-Nov, Mr.. District Attorney. have
District Attornsy-ky has been in all such
= :sue bench variant, and Will do 80 in these cases
= the course Of m the ss day; or JOSEPH HAIL.
This case was then called, and, after some discussion,
yot ever till next torn.
EDWIN AND WILLIAM MORRIS.
These then called, and Mr.. Merwio R. Brew
appeared for them. The counsel put 10 adavits in
Axd the character Of these de,endarts to sustain their
vsrasity when they should be questioned to their
Juese Cspron-How long have these men been engaged
n. Brswer-only FIVE or six months They are both
poor men, both working men, and both have families 70
Judge CApron-Mr. District Attorney must dispose Of
tAsss eases now and want to know frsm you, sir,
ndsrtsnding what would be the disposition q the
Court
se~ Is to the dis position Of the Court do not mort
gage the Court, but state in these cases, have
Sad In other cases. that the most eectual way to sup
press gambling would be TO suspend Judgment and let IL
Aapg he the sword OF Damocles the hesd of each
offender, with the it would fall upon the
Judge Capron-Your experience is much greater than
1ins, and would have Yielded perhaps, to any honor
ahle arrangement you might mako. ] want to see the
The two brothers Norris then came to the bar.
Judge Cspror-Gentemen, in your cases have asked
people OF infue wealthy and WELD infu
snee, boh poitisal ana personal and ii they would
men, moreover, are astive and Intelligent ana the
question arises, what evidence have that any
soaIs: which We n. may adopt will
When the impression goes abroad that crime go
gunhed this in my experiences increases rsther than
diminishes the crime man engaged in questions.
bic business has need to put pleasing exterior sn1
this IL true, particularly Of gambling
Mr.. Brewer-We can produce affdavits that these
had broken up gambling before any complaint
made against them and nduced by the police t,
open their house again. and when they did so, these
very police arrested them They both trAdesmen
and hardworkpg men. will produce affdavits to this
s5ect tomorrow.
Judge Capron--Let these meS stand committed till to-
morrow, and then will receive your aficnvs aad it
satisfied that these sincere in their promise
TO the BIZ sness viii oonsent TO suspend judg
n1ent.
Mr.. Brerer-Let them go till to morrow. We wilg give
amy bail you wsnt.
Judge Capron--No won't. We have got them here,
End will keep them. | won't take bail, and to-mor
r0w wilt decide.
Dk.rict Attorney-These have been out on bail
for days, and 1t would be HARDSHIP to oonfne them
now. am proud TO represen. the prisoner well
the psopie, when think he has rights that endan
geyed These men are the less guilty, in my judgment
and It would be hardship TO conhne them. Hearn has