The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-22
tend can TO mako the walking Of tho streets a. peace
able "a the walking OF ones own house would be-

tend can TO make the walking Of tho streets peace
able a. the walking Of ones own house would be.
FORGERY.
John w. Psramore indicted for forging check, plead.
ed guilty 10 forgery in the fourth degree His Honor was
informed that the defendant was the son OF wealthy Viz
gniR planter, and that Judgment were Suspended,
Dumber OF hs friends who IN Court would
he returned his native State early in the week. The
District Attorney deempg that the ends Of justce would
be az we'll subseYyed by pursuing that course confer
ring with his Honor, the Judgment was suspended The
defendant informed that ever he found in this
city or State agau ho would be arrested and
Jeremiah Flynn. youth, csei OF burglary in the
third degree, brought up, when he handed letter
enclosed in envelope TO his Honor who after reading it,
sale ne was convinced that the cuprit had chosen
honest course be might have been very respectable
member OF society, The letter written with feeling
and showed that he intelligent, but Court could
40 reason why Judgment should be suspended. He
found guhty of breaking into store and stealing
quantity Of boots Shoes pair the boots
lbs his feet at the time OF hs arrest Although the
testimony was rather slight against the prisoner, yet It
greatly strengthened when the character of his
ciaes taken into consideration Four Of his intimate
acquantances had been tried the Sessions and furnish
ed residence at Sing Sing within the last Six weeks
Their rendezvous was place where abandoned females
and bad in the habit OF assembling, and the po
lice officers stated tnat Fly was IN the habit Of assoca
Honor has saved you from the degradation Of
ton in the STATE prson, and will send you 70 the pen
We subon the letter TO show that If Thousands Of the
youth OF city had the chance and removed from
vicious associations, they could become respectable
citizens
LETTER OF YOUNG BURGLAR
Exw YoRK, Feb. 10, 1855
To RECORDER BARNARD, sQ--This is my first offence
did have any hand in the burglary was taken in
The wrong. l would go . man Of for ten
years than serve tor six months in prison. you could
possibly grant the favor Of sending there would
be very thankful to you My mother willing for to
do It would be support to my mother and brother
and sister, am the cnly support sne has got was 60
ing through Thirty sixth when this boy Forester
&c asked If wanted TO buy pair OF Shoes told him
yes He asked me to go up into his house with him, TO
haoy yho shooc pnnirn han
two policemen came in and took US out My mother
me money to buy pair IN the store: instead Of that
shoes would not have bought them Of him. bring
JEREMIAH FLYNN.
RECEIVING STOLEN GOODS.
Jacques Mornas who pleaded guilty 10 receiving solen
goods sent to the penenary for two years and two
months
Recorder Barnard said that with the exception Of the
of and srson he of the opinion that
offence more heinous than the crime Of receiving
stolen goods; for the receiver employed number Of
youths commit lsrcenes who inv arably the vic
tims while the Of their ruin escaped with flying
colors and prrsued his nefarous business unmoested.
In that case there were great many mitigating circum-
sanceS and was proved that the prisoner not pro-
fessionsl receiver.
Mary Forbes plea led guilty an attempt at grand lar
ceny and sent TO the state prison for two years and
two months al am satisfied said Mary she let the
bar. Sand go am /, responded the Juage.
Elizabeth Crawford pleaded guilty 10 forgery In the
fourth degree in attempting TO pass S3 counterfeit bill
ignoran. woman, the Recorder thought she would be
punished sufficiently by sending her TO the pentenary
for the year. "rhese forgors OF bank bills said his
Honor "use this class OF persons flood the city with
counterfeit money"
John Murphy, who tried yesterday for rape
Catbarne Bagey, and convicted OF assault and bat
terry the last prisoner placed at the bar 1t appeared
fron the evidence adduced the trial that the prisoner
together with number Of other boys scduced her when
bui child and "nce then 90 the language Of
the presiding Judge) she must have gone totally asray"
One Of the for The defence had the sudacy to
boa MI dafsp had er,rn
with the girl previous occasions. appeared from
her statement Of the that Murphy dragged her into
open lot and violated her perssn by force and against
ber viii He was sent 10 the Penientary for six months
and fined $50
Thus terminates another chapter the history OF crime
In this metropolis, the perusal of which will show that
large majority OF the criminals sragned at the bar Of
this Court boys who, from the corrupt and de-
hsa ~ prsoocsy q dss.sess-ssi ssy .iss.iss. A.
the prisoners all sentenced the Mayor, who
had been silent but Interested spectator took his de-
parture.
MOTION TO ouAsH THE INDICTMENTS AGAINST THE
ALLEGE sd LOTTERY POLICY DEALERS.
Counsel for Jacob boarges then eaid he for the
purpose Of making an application 70 quash an indictment
filed in thG the 18th Of February. against his
client That application would affect other psrte although
the motion for the purposes of that occasion only
made the OF the People Boarses IL would be
conceded tho part Of the prosecution said the COUNSEL
that the dcfen pt had selection Of the tribunal before
which would be tried and II the law OF 1855, with
which the Court perfectly familiar, giving exclusive
jurisdiction Of mlsdemeaDors to the Court OF Special ses
sions, (nless certain occssons) constitutional
which had been hed he believed, by this Court not TO
hethen, Of oosrse the jurisdiction OF this Court was
Tho defendant was arrested under warrant issued
by his Honor tbe Mayor for an alleged violation OF the
statute ainst the vending Of lottery poces When
rested and brought before the Mayor he did not elect TO
Counsel then submitted Tho following points in support
Of bis motion, rcmarsing toai his first point would be
similar TO presented two years ago motion 10
quasb indicm ments for gambling
COUNSEL FoR THE DEFENDANTS POINTS
l-Ihc I'd section VI the law os 1851, amended, Is
N N god nv Uiei in Depn
5 Hall The reasons arc ~ tolows;-
The most penRl feature OF the law In the second section
and this, In my judgment, is imperative. II provides
that, for the commission OF the offences specified In IT, In
OF conviction offenders yhal be
less than ten days N The pootentay or not more than
&C." In no counties Of this STATE bat New York, Albany
and onoudsgs there such prisons pententares In
cosro of ths Of the Almshoase Aws Of New
YORK, ls49, So and in Albany and onondaga under the
YORK ls47, iTo-i72 Laws Of New York. lsso 7s5-7s7
In all other counties the prison answering 70 the penten
tiary the county sii, which Is undor the control OF
the Sheriff. These jas designated county prisons.
UAws OF New York 1si7 be3 In the of the Albany
penitcntary proviccd aws OF New York, 1sa7 1so-
county prsoners convicted Of oreoces lees hsn felony
may be sent to Il from Rensselaer, Saratoga iy
schohsrc, Greenc and Columbia counties In the OF
the onondaga penenuary Laws OF New York, 1885, 1876
73T Il r. prov ided that by similar arrangement similar
conyos inay be sent TO from Oswego jefferson Oneida
Madison Portland Cayuga and Wayne counties suppose
person he indicted sod vloisd under this law in
Queens. or Orange Duiohcss county, or any other
county where there pcuitcntary, arrangement
iegAlzed by which coDyicts may he sent from 10 the
pcnten,ary any county and should
think deserving the state prison-tho individual
I've IMPRISONED en days M hard labor (et Any rs,e
IN the poniientlary-wLero s be 10 he sanB viii be
sad o the 'eounty prrcn answering TO the pcniten
sry7 Ths Is violating The great rule of construction by
which penal statutes confined Nvond be equivalent
10 putting the vords county prisons into the second
ton of the sw-wbch is direct addition 70 it. As tho
law fixes the highest lowest limit OF punishment in
cas- II he
must impose tho State prison pensy9 The convicted
party has the right o-havo his punishment gra iuaed be-
tween there limits and Of them mpractica
bic the will OF the Legislature s defeated and the law
In allsn nasaa a,