The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-27
Court Of General Sessions.


Before Hon. Judge RUSSELL
LIEUTENANT MARMADUKE REEVES oRATIoN--HE IS
SENT TO THE STATE PRISON.
SEPT 26It will be remembered that on the conviction
Of John McApinc alias Lieutenant Colonel Marmadule
Reeves, who pepetraed an audacous swindie on Clara
woodbine goveness the City Judge said he would SEN
tcnce him on Monday. The Court and all the ave-
nues leading to II was crowded by the curious who
anxious to see him and learn his fate. McApine has
fine personal appearance and than ordinary mental
ability, and had he followed honest calling he might
have distinguished himself
John McAlpne was then arraigned and asked what he
had TO say why judgment should be against
hm9 He then proceed to address the Court and ngen
ously reviewed the evidence of the complainant sif
had taken the ring said he "wth the intention Of steal
ing it, would she not have asked it days after
wards. she voluntarily loaned me her silver watch;
this she mas sworn TO. ] am perfectly aware (and
living. being is more convinced of that thing
than ann that have had very strong current Of pre-
JUDGE 70 contend with, and to that attribute my convc
ton. would have unhesitatngy connded my trial,
it were for my life, to the impartial justice OF your
Honor, and had / been bindfolded would have taken
unfortunately dozen of men of the heterogeneous
elements OF this community, and would have submitted
my case without the slightest apprehension Of convc
ton, SO confident was that had done nothing not
the shade OF an offence and notwithstanding the preu
dice that may extend against me, If were laid upon my
deatn oea anu ,he moment oil my dissolution drawing
nigh, could place my hand upon my heart, and in the
presence or God and my conscience say that nno
cent; and it is an ncontroycrtibe fact that if mans
conscience nor his God does not convict him. he is limo
nent am victim of prejudice, and am innocent OF
the crime OF which stand charged as your Honor is
and when this case and many others which have
caused prejudice against shall have been Invested
of their seeming realities, and shall stand before the
Omppotept Judge who knows the of all hearts
viii then be proven not guilty My acts, your Honor
are open, and have always coured the srctest nves
CATION and scrutiny They liable to criticism and
court that criticism provided nevertheless that that
criticism done IN spirit Of fair play but such has not
been the case My case preudgcd in the public pa
pers before was arraigncd here at all care not what
an unprincped scurrilous editor, an editors men
be he in the capacity Of reporter what he may be,
il he will set forth the facts against me. would, in the
language of Paul 10 Agrippa say, "Woud 10 God that
every who hears this day altogether such
one as am, except these bonds.n Were possessed
of the oraory Of Homer to expaate upon the charges
brought against me would lay them thfeaabarc before
you and they Invested Of their seeming realities
positive would have the eniency Of this Court and
the public in general You have dwell emphatically,
your Honor, on my not obeying the injunction
Of the Court Admitting for moment, for
the sake OF argument, that was in
tany TO doso Saturday was in court and could not
soul. Sunday interviewed, and this morning | only
had couple of words hastily with my counsel standing
your Honor would have laid the sentence and thereby
afforded me an opportunity TO make Efforts to restore the
property assert most emphateay that facts would have
been developed that would have gwen this case dile-
rent aspect both the mind Of your Honor the District
Attorney and the whole community and as simple act OF
justice have urged upon my counsel to use all possible
endeavors " induce Honor 10 postpone the sentence
now pledge myself. If you will do so for few days,
there can possible good accrue 10 me from IT. with the
exception of the development of facts which have
doubt will strongly impress you that have had neither
act nor part in the impuaton OF taking this womans
clothing. In conclusion, ! would say if you post
pone the sentence, when you are laid upon your
death bed, and when your body is mingl, ling
world is receding from your view, it will be consolation
to you know that yon have extended act Of enency
to one who is thoroughly deserving it.
His counsel stated that if the sentence postponed
facts would be proven which would materially alter the
aspect Of the case.
Judge Russell would not postpone the sentence and in
addressing McAipne said:-You convicted of petit
larceny, second offence You had fair aud impartial
trial presented the to the jury fairly and impartial
y both Sides leaving the question of intention for their
determination; and the jury, taking into consideration all
the circumstances of the case believed the statement Of
the complainant and convicted you You stand in this
position before the Court, person who has frequently
been up here arragned at the bar and at time con-
Judge &ho presided nterceded, and instrumental in
procuring your pardon. Instead of having the effect
you ~ change your course Of life, appears that 1t
had other effect than TO you to increase
your depredatons upon the community and upon innocent
persons that subject to be preyed upon through
their want Of knowledge of human nature You beray
ed the confidence placed in you by the Executive and you
are entitled to very little favor from this Court more espe
cay as you have not restored the property OF the COM
painant The of the Court is that you be i'm
prisoned in the State prison for five years
The Assistant District Attorney intimated his intention
TO try McApne the other indictments that in the
event of his conviction on them he will be imprisoned for
Frank Duffy was tried and acquitted Of grand larceny
having been charged with stealing watch and chain
from VIM. B. Dunley foreman of Engine Company No. g.
in Henry street. the 26th Of July the accused being
member OF the company. The evidence crcumstan-
tal and the defendant having established good cbarac
ter the jury rendered verdict Of mot guilty" After
the rendition Of the verdict Duly was surrounded by
host Of young evidently fremen who congratulated
him ON his acquittal
Mary Ward, who was charged with stealing some arti-
ces of ewery from Mary Ann Costar, was acquitted,
there being no evidence adduced on the part of the pro
secution.
Michael Hayes, respectable looking youth, pleaded
guilty to petit larceny, he having stolen vaise from
hotel. In consequence Of the inercesson of the
planant the sentence light He sent TO the peni
Tertiary for six months.
Patrick Dempsey, who charged with highway rob
berry in stealing Sl13 from William Shannon convict
ed of assault and battery and rended for sentence
John Burrows, James Heenan and Thomas Toomey
charged with burglary in the third degree in enter
ing the store Of Mr. Brown No. 2s4 Greenwich street.
the 18th Of September; but there evidence to
tain the indictment, and the jury Immediately rendered
formal verdict Of ''not guilty."
The Court then adjourned till next Saturday.