The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-14
Recent Observation-Disclosures.
COURT OF OYER AND rERMINER.
Before Hon. Judge Inprsham.

ArRH 13-IhH morning John Maroney and Michael
Wogsn, who had pleaded guilty last week of different
grades OF mansisugher were brough. up and arragned
Tor sentence They are both young men, under twenty
nye years Of sge After the usual preliminary questions
- the Clerk the Judge addressed them as follows
Michael wogan-You indicted for the murder OF
Aceae Cassidy by the improper use OF pistol wn,cn
you carried about The attorney Tor the peo
pc has permitted you 10 plead guilty OF msnsisugher IN
sbs third degree, Although You may, perhaps Jusniy
ehe having loaded pistol about your person at TINS tne
b consequence of acting for your father as private
Waterman yet the time Of this you had de
parted from your po.t and very unnecessarily spasns
previous grudge In the course OF your quarrel with
Kennedy you fred pistol three times On tho second
ledge before you raised the pistol fred the third tme
when the ball took fatal effect on Cassidy. Although
was no. intended BY you you ssss, 70 w xS
the evidence suppose that the third fire was accidental
Ycu intended TO wound some one, and such conduct was
highly criminal find nowhere in the papers submitted 10
evidence whatever show any necessity for your
eSnduct You sought the ARRAY with Kennedy, you used
The pistol where was IN no wise necessary or your
Non, and 80 doing you not only wounded Kennedy, with
whom you were engaged in . sCuffs. but you reck-
Ersy fred third time and produced the death OF Cassidy
The imprisonment which the law allows the Court 70 CON
you TO- under the plea received from you, light
compared with the offence you have committed, and
md nothing 70 warrant me IN imposing On you any
The sentence Of the Court 10 that you be mpr
soned at hard labor in The State prison. for the term Of
John Noroney, you were indicted for the murder Of
Henry Hamilton at saloon in Canal street, on the morn
ing Of the ioln OF November ias. 10 .hs charge you
and my duty TO sentence yon for that offence.
have carefully examined the testimony taken by the Ooro
we'll as the afdavs submitted your behalf, but
have found nothing 10 justify your act You
forced yourself the whose life you took away,
without provocson on his at an unreasonable hour
from such intrusion Notwithstanding these requests TO
yOa 70 desst you sin continued opening the door Of the
private box in which deceased was in company with
female and ibis led TO exchange Of blows between you
and him. after the blows hal been given you fired the
pistol by which Haiiton's death was &c asoned There
was necessity for your protection that you should have
used pistol and even II there had been could not De
Justified, because you were from the beginning the az
gressor aud throughout the whole difficulty we're IN the
wrong. Especially, in my judgment, were you to blame
for carrying with you loaded pistol and using on so
slght provocaon The use Of deadly weapons BY young
in your situation in life has become CT late com
men and dangerous practice, and one which calls for
public condemnation. When men who do not re-
quire weapons for purposes Of protection against
robbery are armed nj night, the presumption ID that
the weapons in their possession to be used in
ARRAYS and fights in which they expect 70 be engaged and
when death under such circumstances from the
Of these weapons the Court feels called upon to nct
severe punishment In both the cases before me to-day
the death Of fellow being has been caused by the use OF
pistol carried for good purpose and resorted TO with
ont necessity for s know that in your affidavit
you attemp. to excuse the act by ascrong to ntoxca
sion and denying the intent 70 take Re but this true
only to show the great evil of armng yourself be-
rehand with the OF taking life. If the facts proved
your trial. the jury would have been warranted in finding
you guilty of murder The evidence showed that you de-
nberately fired at the deceased and that you did when
your safety did not render necessary and that
did after acquaintance OF yours requested you to
leave the place. and although may have acted under
the influence of passions produced by what had previously
taken place. from the excitement of liquor the intent
" take the life Of the deceased may have been formed
and you would have been guilty Of the greater crime for
which you indicted. The sentence Of the Court s
that you be imprisoned 10 the State prison at hard labor
for the term Of twenty years The prisoners did not a
pear In the least concerned at their sentences They will
be sent up the river this afternoon by railroad.