The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-25
Before Recorder Smith.

OF THE TKRM-sRNrENCRs OF PRIsONKRS--
GNArIoN OF RECORDER SMITHS OEFICIAL
ER.
A.-This being the last day Of the term and the
Recorder Smiths official career, the court room
swded 10 It's utmost extent. Immediately after the
sss opened his Honor proceeded 70 sentence q num-
prisoners.
ge F. Poppiano and Dominick Darvenot, Italians,
on two charges Of assault and battery, were arragn
sentence. The Recorder said that he had examined
i are the papers that were submitted TO him, and
see nothing in them TO justify him, in exercising
eniency towards the prisoners. They were drunk
sorderly, and went upon the streets at night in
and furious manner, and II was wonder murder
ocommit.ed by them Instead Of an assault and bat
(Which they had in one case been convicted, and
,hnded guilty To the second charge. II was time
lexample should BIO made. 1t was unsafe now for
sof New York TO walk the streets after dark, and
s. Of persons like the prisoners were the men who
rated gross offences. The plea that they were
at the time excuse Whatever, and should
title them To the slightest consideration II was the
OF the Court To punish parties who had been con
ief and pleaded guilty TO crime.
lumber OF gentlemen, conntrymen OF the accused,
aled upon his Honor in their behalf, aud Interested
elves to procure mitigation OF the sentence They
each sent 10 the penitentiary for one year on the
fence and six months each on the second charge
st sentence to take effect at the expiration of the
snalty.
Williams, a youth of IS, pleaded guilty to an at.
Ito commit grand larceny. The evidence WAS suf.
Ito convict him Of grand larceny, but in consequence
youth the District Attorney accepted the above
There was nothing in the case, said the Recorder,
horize the Court in being lcnient. &c waSa bold
Although young in years, itcouid not have been
rst offence. The manner in which the crime was
rated showed very clearly that he had followed the
ess of thieving for some time He was sent to the
entiary for two years.
Oh barrow, u respectable locking youth, was placed
|: bar.
ted for manslaughter, which was committed some
wears ago and your absence from the city has been
eason why It has not been disposed Of before Tho
,rnes were under the impression that your absence
accustomed in consequences Of the preparation of this
CO. but from the facts which have been presented TO
our am satisfied that was not so. Soon after the
&C was committed you went to college, and was
probably aware for some time afterwards that
were charged with manslaughter. There
other circumstances connected with the case
induce the Court to believe that If You
been placed upon your trial, the Jury would not have
cted you. Under these crcunis ,nces shall suspend
ment You are discharged.
I'm Gibbon, Southerner, pleaded guilty to an at
II at grand larceny and was sent 10 the peniten,ary
tx months. He was a stranger in the city, and APP
nty very intelligent man. HIS Honor remarked
that offence might have been bis urs or he might be
Id offender 1t is always best said he TO err upon the
of mercy.
Bonner convicted OF assault with intent TO rob,
the State prison for two years and six months
evidence against you, observed the Recorder, WAS
ecsy clear There the slightest doubt that you
} the principal actor in the robbery which was pespe
ID by your gang an old gentleman. You were try
force him into alley way when citizens interfered
prevented you from eifecting your object One OF tine
struck the complainant u severe blow, which rem
him insensibe. II was my intention 10 have given
the extreme penalty OF the law but will give you
benefit OF the remains OF good character which you
), as detailed by two gentlemen who have spoken in
behalf.
aries Bernard very respectable looking young man,
ded guilty TO obtaining goods under false pretences.
ar "A aSCertalQeQ that the offence with
.h the defendant was charged, and there were
representations which had been made which
ced his Honor 10 believe that the ends Of ius-
would be as well subserved by holding this judgment
him. as by irnprisoning him in the state prison or
tentlary. He would, therefore, suspend Judgment,
informed the prisoner that the judgment was still
gng over him. and If be should he charged with any
r criminal offence, and the evidence was clear, he
ID be sentenced upon this conviction TO the full term
IMPRISONMENT.
larles H. Gercw, guilty OF forgery in the fourth de-
was discharged, as his friends promised TO take hun
West.
m. Manus, convicted OF grand larceny, was sent TO
penitentAry for Two year,, instead OF 10 the State
on, he being under twenty ono years OF age. IL
rising TO the Court that boy who could produce such
t1excepionable character as he had was placed in
position. lie industrious, and supported his
her and sisters; aud If his good character had been
10 the jury, they would not have convicted him.
Recorder said that II Manus conducted himself pro-
while he remained in tho ponitentary and an effort
made 10 relieve him by application for pardon 10
Governor, from tho facts now before the Court his
or promised to interest himself ~ procure his dis
I'm A. Bcrre and Thos. peany pleaded guilty TO an
mpt al burglary in tho third degree, and Judgment
suspended In consequence Of their having large FAINT
dependent upon them Tor support The habits oi the
oasrs were industrious except they occasionally goL
nix Their friends promised IN watch them and report
drst time they were seen drunk. The next time they
e found drunk, bench warrants would DO issued tor
arrest, and they would be imprisoned 10 the full
mt Of the law.
sul Riley, convicted of petit larceny, sent to the
neutiary for six months.
convicted Of an assault with intent To rob. He APP
red 70 be an intelligent and progressing youth, al
ugh officers knew him 10 be the associate OF notorious
ives The Recorder addressed him at great length,
said he would send him to the House OF Refuge in
I'd Of 10 the state prison, where he would receive mo
instruction and have chance 20 dipe out the stain
oh he had inflicted upon hts reputation.
ohm Brennan pleaded guilty 10 attempt at burglary
he third degree, and discharged. Gentlemen
ted with benevolent institutions promised "a take
rye Of the prisoner aud send him West II he did not
AIN there, and IL found that no returned to New
X, he would be promptly arrested aud consigned 10
state prison
! 10 the pcntcntiary for six months.
ARSON.
Icnry Newell (colored). convicted OF an attempt al
In the first degree, was arraRned for judgment lie.
der smith addressed him thus.-l have examined
testimony that was taken before the magistrate, as
ave not had tho opportunity OF seeing and hearing
witnesses on the stand. The evidence against you =
~
further upon the testimony that has been presented 70
you could have been convicted OF arson IN the hrst
nee the penalty OF which would have been death.
m intention in the 10 complete the firing Of
bu ling, that, morally speaking, you arc guilty
you would have been II the crime had been so FAR per-
ted by ~, on conviction, you would have forfeited
ir life You are a dangerous man IN TIE community,
this OF tho few In which regret that the
r has discretionary power 70 extend the term Of
To rid the community OF ali persons of
In character that come before the bar. The extreme
alty of the law which be impose upon you four
rs AMI months in the state prison, which Is the
irncc Of the Court.
har.cs seymour, who has served term in the state
son arcaay pleaded guilty 10 burglary In the third de-
e. and ordered TO bc ncarccratcd Ia the Sing Sing
son FOR four years and SIX months.
tewart Shepherd--brother Of James shepherd, now
Ter sentence Of death for in the first d,greewho
Jointly indicted with Maria Mas,srson for forgery
second degree In passing counterfeit money, the
4 prisoner placed ut the bar for sentence.
he District Attorney moved for the discharge of Maria
,tsrYon as she furnished additional Information against
male prisoner. The motion was granted and she was
mitted 10 90.
N being asked why sentence should not be passed upon
\, Shepherd said be a mason by trade and could
say on hts oath whether the money good or bad.
was sentenced 10 FIVE years and four months i'm.
.onmsnt at hard labor in tho state prison
sroline Conner, indicted for grand larceny, pleaded
nv 10 petit larceny and sent W the peneniiary
six months.
sathew McManus tried on charge oG assault with
mt 10 rob VIM Young OF accordeon, the night or
i2th of November, and the jury convicted him Of
ple assault lie was sent 10 the city prison for thirty
Y. ,,.xaa,x ailas p,i.nso., and patyicL p.ggorty