The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-07
Court of General Sessions.
Before Recorder Barnard.
SENTENCE DAY.


Court, which have lately been issued IN pamphlet
form under the supervision Of the Csry Judge and
the Recorder Saturday is devoted u sentencing the
prisoners who have either been tried or pleaded
guilty to the offences for which they indicted
during the week The Court room was crowded by
interested spectators, among whom were two Of the
fair sex, who occupied seats at the table allotted
the representatives Of the press. One of them wes,
in the oft used phrase the observed Of al Oh
servers, ;" she being remarkable fer her beauty.
AN INTERESTING LARCENY CASE.
The first case disposed Of ny his Honor was aise-
sicus charge of grand larceny preferred against
Joseph'R. Hare alias George Williams, and CHARLES
Conkiey, who pleaded gultyrso the crime for which
.heywsre indicted by she Grand Jury. On the 9th
of January, while Of the expressmen of Kingsley
Il Co.'s establishment was tarying for a few mo
mehtsn store in Nassau street, the prisoners en-
braced the opportnntyto to drive of with the horse
and wagon and les 'vai7able contents In the ex-
express man at thcstore Of Iamson Goodnow 4 Co.,
Of Beekman street and Also package ofbteel pens Ia
large number of gross, from elliott Co. John street.
Through the efficiency Of officers Wstersand Devce,
Of the Deputy Saperihtendent's oa6ce the accused
were arrested that evening and the wagon restored.
From information received from Of she cuprits
who confessed so having disposed of 1t TO stolen
goods receiver, officer Waters proceeded to the
second hand ware store of James Bingham, in Bax-
ter street. and succeeded in recovering greater por
ton of the property, which he conveyed to the
employees of the above firms. twill be remembered
that Bingham tried and convicted yesterday of
f'9het offence, and'was sentenced thismorning.
The Assistant District Attorney observed thai
there were three charges of similar nature pending
against the defendants but in extenuation Of the
conduct Of one of them (WiIIians) he would say
that Immediately on his arrest he expressed will
hngness to give all the information in his possession
in rpEppCt to III nQham the ho
| would be witness for the people The prosecuting
officer had no occasion to call him, the evidence in
his possession having been sufficient to the
end desired.
The Recostier, in passing sentence, observed that
the larceny executed in very adrot and auda-
cious manner He sent Williams TO the State prison
| for two years and four months, and Coakley for
| three years-snd eight months 10 the institu-
| ton.
BURGLARY IN THE FIRST DEGREE.
| Thomas'Carroll, comparative youth indicted for
burglary m the first degree in breaking into dwell
| ing house IN the night time when inhabtated by
human being very prudently pleaded guilty to the
third grade of that offence on Thursday and was
| brought up for sentence this morning. In conse-
| quence ofhis youth and declining to the hazard
of a trial; the prosecuting officer judged that the
ends Of the law would be well subserved by meet
| ing the prisoner on his own grounds as to try him
| for the more henous offence. The Court in passing
| sentence, said that from the testimony that was
| given before the committing magistrate he
tistied that had the prisoner been tried he would
/
for not less than ten years-and perhaps for the
term Of his natural life Ia consideration of his plea
and OF t,e fact that he was young man, he would
| not give him the full extent of the law or impose
| the penalty which he would otherwise infict He
| hoped tnat when the prisoner had served out his
term OF confinement he would try 10 reform and be
| an honest man. Carroll was sentenced to three
years and two months incarceration in the Sing Sing
| prison. As soon as the sentence was pronounced,
the mother OF the unfortunate young man fell into
Mysteries and demonstrated her grief in a truly af
1 teCtinr manner rnusnp the efDnt hearfa1 IN
shed the sympathetic tear, while the female portion
! o. the audience shed tears in copious manner IL
was with great difficulty that she was removed, and
| thst could net be effected without the aid of her
| husband ard friends, assisted by a number Of the
| officers Of the court.
! FBLoNIoUs ASSAULT.
| Henry Herman, who tried on Wednesday for
assaultilg Frederick Baker with gun, intending TO
| Kill him, and convicted of simple assault by the
jury, was sent to the peniteDtiary for six months
the sevefest penalty the law allowed The Recorder
stated that he was Of the opinion that the defend
ants conduct on the occasion was nexcusable and
that when he fired the gun he intended TO kill the
| compainant-for he rcdtwice. The accused kept
| lager bier saloon in Eighth avenue, and being
| aroused by Mr.. Baker and his friends who desired
some Of that beverage, he greeted them by dscharg
ing the contents Of loaded gun into the Uranium OF
| Nj. Baker and the back Of his companion. The pr
soners counsel explained this rash conduct by stat
ing that a short time previous 20 the occurrence
number of rowdies visited his premises, and attempt
ed TO take his life, and supposing that these men
were of the sumo class, he Thought himself and IA
mily were in danger Of their lives. Recorder Bar
uard said that of late human life in this city had
been valued at too cheap a rate, and IL was high
time that q lesson should be taught. Criminal
Judges must make starting point ut some place,
aad he and If the defendant was 40 unfortunate in
bis family relations, (be has sick wife and num-
ber Of young chidren,) II was something 20 be
retted bu which could not be noticed By the stern
mandates oi justice
AN INNOCENT WOMAN.
Augusta Nerges, fashionably, well dressed and
elderly lsdv bo In
in the fourth degree In passing q counterfeit bill
was then placed at the bar and was closely scruti-
nxed by The audience.
The Recorder in passing sentence intimated that
the case wac an unususlly interesting He said
from the number Of afidavits presented 10 him be
wss perfectly satisfied that the accused knew no
thing Of the character Of the bill that sbe passed
and that the guilty intent was entirely wanting;
ard had ste been placed on trial the jury would
have acquitted her without the slightest hesitation
She could neither write, speak nor read the English
language, and was Informed by that the bill
which discovered TO be counterfeit, good
one. Under those circumstances his Honor sus
pended Judgment and the lady was liberated from
custody. Although she did not give expression 10
her emotions she evidently suffered much internally
and when the interpreter communicated TO her the
result Of the matter she was unable to walk.
AsEnTEssIys HEcEIvER sESrxScED.
James bingham. who tried and con- |
victed yesterday Of receiving stolen goods, and
10 whom reference Is made in the report 81 |
the proceedings. was arraigned at the bar. |
Counfsl ufsHt0 to nave the sentence post |
poned till next week in order TO afford the prisoner
an opportunity 10 provide for three small children,
who were deprived Of their mother short time /
since. The Recorder would not defer the sentence,
but said he would instruct the Sheriff tn allow Bing.
ham TO remain in the city prison for few days. His
Honor. In passing sentence, sad that the verdict Of
the jury was most righteous verdict. This was not |
the 6rst time that he (the prisoner) had been /
brought ny for receiving stolen property He was
convicted some time since Of a similar offence, and
sent to the peniientisy II seemed, in all cases Of
tlfT kind that there was no chance 10 reform men |
by giving them short sentences, and whenever
courts bad acted on that supposition they we're mis-
taken or all the grades Of offences that were com.
mitted in the community that of receiving stolen
property was the rankcst and the worst. II was a
crime that lea youDg men astray and compelled a
man who had entered into that nefarous business TO
continue hs pursuit for fear of exposure: 10 that