The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-21

Sentence or Death upon James Shepherd for
Arson I'm the First Degree.
Court OF GENERAL SESSIONS.
Before Recorder Smith.
Die. lS.-It ia the custom Of the Court hold jury
trials Saturday reserving that day for sentencing the
prisoners convicted Of the charges against them during
the week. when there generally large gathering to
listen 70 the proceedings which often very interesting,
from the fact that the presiding officer dispenses SOME
wholesome moral instruction to the cuprt who is allow
ed to tell his version Of the affair and enghten and
ed the multitude by narration Of tho leading events of
his life, which is often eventfu Old and harden
ed criminals with whose career the prosecuting officer
and the attaches of the conrt familiar them
selves make plausible speeches to the Court believing
that by exercising TACT and often considerable intellectual
ability they produce favorable impression upon the
Judge, and thus mitigation of the sentence. Often
when the Judge inmaes that the face OF the prisoner
arragned for sentence familiar that he has previously
obtained apartments for him in Of institutions
performed some other similar friendly act-when
the Assistant District Attorney, with rougish ex
stances attending previous convicton-and when
the Clerk quietly confirms the impressions made
upon the minds Of the Judge and prosecuting
officer the hitherto innocent expression of the criminal is
suddenly changed to that of guilt and exhibits as much
Arrangement when his guilty deeds are brought to his
remembrance, as the woman who ran and asked her
friends to come and man that told her all that she
ever did.
Long before the usual hour for opening the Court this
morning the doors beseged by several hundred
sons, being understood that James Shepherd, who had
been tried and convicted Of arson in the first degree, on
Monday last would be sentenced to death and when the
doors were thrown open in a few moments every
seat occupied The audience remained quiet for
an hour, during which time those who were pru-
dent and sensible enough TO furnish themselves
with copies Of the morning journals passed away
their time by devourng their contents Those per
who had attended the trial of Shepherd from its
commencement to its termination and who had not only
the opportunity Of listening to the testimony adduced
against him. but the actions Of the accused which
were a good index to his mental organization and
vicious procves could not fail to come to the conclusion
that he only wfully set fire to his premises, but
that murdered his wife before he applied the match
Her chared remains were first discovered in the ruins by
Fire Marshal Baker to whose ndomtable perseverance
the conviction of this criminal is mainly atbutable and
close inspection Of the BODY of the unfortunate woman
would convince man OF cool Judgment that he effected
her death by choking her while asleep.
Recorder Smith took his seat upon the bench shortly
after IL O'Clock after which the clerk caused number of
prisoners against whom the Grand Jury had found ndct
mens, to be gned for plea They sevcraly pleaded
mot guilty., and remandcd for trial Three prison
were charged with highway robbery, and one with
assault with intent to kill
His Honor then proceeded to pass sentence upon the
prisoners, list of whose furnished by the
clerk
Joseph 3 Thayer a very respectable looking gentle
man whowas tried and convicted of what was supposed
TO be at the time wanton and outrageous assault upon
two men named Giroy, who swore that they went into
defendants oyster saloon and forciby prevent
ed from leaving brought up for sentence The Re-
corder passing sentence said that since the trial ev
dence was furnished him establishing the bad character
the witness Glroy, who has since been arrested for
crime Afldavits of number Of gentlemen with whom
the Court was well acquainted, were also submitted,
proving that Mr. Thayer's character was good Under
these circumstances the Recorder thought that the ends
of justice would be well subserved by suspension of
judgment by Furnishing the defendant and discharged
him.
SENTENCE FOR BURGLARY.
Vim Nugent and James Moran who pleaded guilty TO
an attempt burglary in the third degree,
ragned. His Honor, in sentencing Moran, sad:ln your
you have presented nothing to the Court IN exenua
ton Of the offence which you committed, why the extreme
penalty Of the law should not be mposcd still the Court
s not aware OF crime perperated by you before this
The discretion which il has will be exercised as far in
your favor consider the ends of justice will permit
You and your confederate who has escaped with
this smaller boy (Nugent,) who probably led away
by you commit this offence The sentence Of the Court
is that you be imprisoned in the State prison for the term
of two years, at hard labor.
He spoke follows to Nugent:-You have pleaded
guilty TO attempt at burglary in the third degree The
Court have discretionary either to send you TO the
state prison for two years and half or TO suspend udg
ment There have been representations made TO the
Court favorable to you and there TO believe that
you were led by these boys to the commission OF
this crime, but there is no doubt whatever as 70 your
guilt Your Of life from this time forward will
have to be very strict and honest one you expect
to wipe the stigma which this offence has inflicted
upon you. shall exercise the utmost leniency in your
case, but you must remember that If you should be
upon this conviction you will be punished the full
extent of the law and sent at TO the state prison BY
suspension of Judgment you are not released from the
charge, for ii still remains against you; and In all
where the oemency or the Court abused the extreme
penalty OF the Law Is awarded. You discharged.
The Clerk then instructed the officers place James
Shepherd at the bar, which promptly done. He
approached with hasty step and indifference of ex-
preston truly remarkable and seemed to be eating He
had short conference with his COUNSEL Mcsxs Peck aud
Percy, who remained silent during the whole proceedings,
but who informed reporter that they would carry up
the case TO higher Court on writ of error
THE PRISONERS SPEECH.
On being asked by the Clerk why sentence OF death
should not be pronounced upon him
shepherd sad-Wcll. your Honor, will speak the truth
before God and the work. say and confess before God
God in the morning o the resurrection and God shall Judge
the truths OF my heartwhcro there can be no denial for
God shall see the nmot thoughts Of my hear-that
innocent; am not guilty OF this charge laid to me- am
innocent.
THK RECORDERS ADDRESS TO THE PRISONER
Recorder Smith, in addressing shepherd, spoke
ihus-You have been tried Tor Of the highest crimes
known to the lava crime for which the law says the
penalty shall be death II becomes my painful duty, a.
minister Of the law 10 pronounce upon you that sentence,
which the most painful duty that dcvoyes upon
any IN the administration Of the law. You have had
long and patient trial -Four days were spent IN elicit
defended by able counsel with zeal which u rarely
equaled in any court Of justice Every fact and every
circumstance which by possibility could be presented in
your favor were offered by your counsel There
thing which human ingenuity could have devised IN your
behalf that was not resored TO for the purpose Of obtain
ing acauiia At the hands OF the jury But your
presented the extraordinary spectacle OF unanimty
on the part OF the Jury such "a IS seldom
where the life Of human being depends upon the
verdict which they render. 60 overwhelming that
testmonyso strong the chain Of circumstances that
although the deed was done IN darkness and when You
supposed human eye witnessed H. thatevcn the sympa
the OF the jury could not break the chain which those
circumstances wound around you In relation 10 that trans
action. No person who heard this trial but was i'm.
pressed from the to the end with the
tanty OF your guilt and the short space OF thirty
minutes from the time that thatury retired they return
cd into court pronouncng aRanst you a verdict OF
guilty Upon FIRST ballot taken by that jury nine OF their
number pronounced y0 guilty and upon the second they
unanimously adJudged you guilty Of the charge Rarely,
saw IL such unan nifty that aud never there
a more patient careful and upright jury empannelled
trial 81 any cause, nj least since have had the
honor 10 occupy the position which now oil This deed
wa perIeirated by you in the night time and under cir
outanccs where you supposed that no human eye could
witness the deed yet your conduct subsequent 10
furnishes the strong evidence which pointed towards you
finger of suspicion. Tho grief which you pretended 10
exhibit upon that occasion was OF that hollow hearted
character which those with whom you conversed Al
construed entire want OF feeling on your part.
While your wife lay amid those Wondering ruins you
talking about tho loss a that paltry amount Of property
which contained in those premises. She, with you,
matter secondary that No person unless all the