The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-23

sustaining hoe sysn Il crinsi jurisdcnn. be
5; sS1s as ss
.eis hone sesss- % reeras
q police VIII ,as coahrm ,hs and TITS culy 70
ss;s s:, i ss
The fruits Of his industry pay ax-s WIN and aso,
on NJ, he ey We celaa Of AID .ees g re
.srs which he mus. soaas IN l.nes meet q .g ne
broken up localit, hey only another" ssach
reasoning he sound then would be equally g. 70 al ouer
crime any "s ne hsr or s
sssss srssl rrscatsois we remove the Afflicted som
s sap s a. s AN s' 4aa % a. s, ra a m
, , r. ssa our % ss ss%ss ai o
he occupancy Of persons aiictes with contaE sous
diseases 70 these who are aic,sd With moral
moral pcrtou Of fellow citizens to the honest ,ahorer
sn oslos pass GOOD ends q Inc fruits Of
iss! srcSae'iys odas,s & sy sias ,ha, esi shall
d Sc moral uusshcss shaft not out the args
nc.f s, these yen.pes BE- imposed as nsns on hr pro
perry aking precedence OF all others apd the orsctca result
greater aevone their 70 hher oapOses
se ocates The rssost Of CRIME be devoted
better s ana hishsr purposes ,s. =, A.. e.
man and ai'esed by The secretary n.v,s p,rs
WV. II. MERRITT Secretary.
The prisoners subsequently, arraigad aud, having
pleaded " not guilty." were remanded for trial.
Robert Il. Clifton, q Young man. pleaded guilty TO An
attempt grand and that being his first offence,
be was sent 70 thu Pe1stea.sary for six months
Edward Koner was placed on trial charged with assault
ing Charles FrankseD br the evidence insufficient
convio him, and the jury rendered verdict OF acqdal
TRIAL OF 3 h sAcxETr FOR AIIEsEp PxaJuRr.
Late in the aternooB Elisha Belchc Sackett placed
trial. charged with perjury in swearing, going hail
for Jacob Mott that he worth the Of 5000
lea Henry street worth 81 50O houses Madison
street, Brooklyn, free from all ncpmbrance The prose
ton called number OF gentlemen, who counsel for
parties who brought actions against Sacke,
prove that the property which he alleged belonged him
encountered at the time he made the aiiavit But
little progress was made in the by Of several
technical objections raised by the defendants counsel
and at half past four the Court adjourned till tomorrow
morning, when the case will be finished.
SENTENCES.
Ocr % This being the last day OF the term the Re-
corder proceeded pass upon prisoners
who remanded for sentence
Emma Meyer, known the "female burglar" who
pleaded guilty to grand larceny and burglary the
third degree sentenced to two years Imprisonment
in the State prison for each offence.
John Madden guilty of assault and battery was fined
$40
Mary Graham who was convicted or petit larceny was
fined s25
Vim. Barden, guilty OF similar offence, was sent 70
the peneDtary for five months.
Peter and Bridget Burns who convicted OF assault
and battery and strongly recommended to mercy by
the jury, were 6ned s2o the Recorder paying half Of
himself
Edward C. Mathews, guilty Of an attempt at burglary
in the third degree was sent TO the penitentary for six
months.
Patrick pevne and John Glenn guilty Of an attempt at
grand larceny, placed at the bar Having been in
prison for four months the Court suspended Judgment
George Thompson, guilty Of an attempt at burglary in
the third degree, was sent 70 Backwes Island for egh,
months.
George Denor, jointly indicted with James MoGil were
convicted Of an attempt At burglary in the third degree
Gill twenty days TO the City Prison.
Samuei Clark YOUTH who was tried for felonious
sau upon little girl, sent to the House Of Refuge.
John jackson, oolcred man. who was convicted OF
assault with dangerous weapon, was sentenced TO
prsonment in the State prison for two years.
TRIAL OF u. Il. sAcIiErr, CHARGED WITH PKRJuRY.
After all the prisoners we're disposed Of the trial Of L.
sscnss sasns charged with psI was resumed
evening The evidence both for the prosecution the
defence consisted mainly Of the presentation Of deeds and
Judgments which would be unnteigble 10 the general
| reader.
The Recorders lucid charge, which subjoin, gives
clear idea OF the charge preferred against the accused
/ RECORDERS
GENTLEMEN JuRi-The prisoner at the bar Elisha
Becher sacke has been indicted by the Grand Jury
the County OF New York. for the crime Of perjury On
that charge he has been placed upon trial. and for
Ting the truth or iasy o. that charge you have been
summoned as jurcrs Perjury s the wifu giving under
OATH judicial proceeding of Justice OF false
testimony material to the issue point of inquiry
Frst-Was the oatl duly admnis,ereds That is nd
miited by the counsel for the defendant.
SeconGWas II in the course of iusti;eS The evidence
adduced on The part Of the people seems to show that
embc zzlDg moneys fsom the Union Bank that Motifs
friends anxious to have him released BAIL and
that Recorder barnard fixed his bail ut the OF $40 900
that the defendant, for the purpose Of having the said
Mott released on ball. offered himself OF cure
ties; that on his examination he swore he owned the
house and lot No i64 Henry street. N the city II New
York. worth 81 800 and other property in the city of
Bocyn worth some $40 900 Sysr snd aapv &a a. is
charged from prison In my Judgment, gentlemen this
was oath taken in regular judicial proceeding, be-
there necessity for 10 60 bail In
ORDER TO have Mott released from prison Therefore, you
will readily that the oath taken In the Of
regular judicial proceeding
Third Was the affidavit material the ssueY It is un
cessary that should tell you that was because no &C.
could be taken until such time the order Of the
Court far bail is concerned, complied vita:
that order was that Mo should be provided with bail IN
the sum Of s. % goo before he could be released.
Fourth. Was it falseS The prosecution aege that it
was and for the purpose Of proving the allegations they
forth in the Indictment this case produce evidence
te prove that at the time the made there wore
standing the records OF the County Clerk five unsa
oed judgments against the prisoner In favor Of different
persons, obtained at different times during the past ten
years in this city, and amounting TO about the of
$1o,s8 The prosecution have also introduced evil
dence to satisfy you that defendant knew on the
23d of February, 1852 the day he made the
affidavit OF justification ns surety tina, his property was
not free and unencumbered Again. the prosecution alege
that defendant on the day in question did not the
property at all but only had lease for eighteen years on
the property and that that lease there was
Of 500 and that defendant knew Of the existence Of
forecose the mortgage the lease that each time
such efforts had been opposed by defendant making
defence In law Tney also have shown that efforts had
been made by defendant different times to settle some
othe judgments standing against him with the various
plaintiffs their attorneys These facts constitute in
substance the case for the people, and that they ask
you to find verdict Of guilty against the defendant
The prosecution must show by satisfactory evidence net
only Elisha Belcher Sacket svore falsely in fact Int
also as far circumstances tend such proof TO show
that he did SO corrupy wuly and against his better
knowledge There must be some proof that the false
under all the circumstances If the case appears tha, ii
was owing TO the weakness rather than the
OF the prisoner where ii Is occa3oned by surprise or
nadyertcnce, BY mistake with regard to the true
state Of the case this would not amount voluntary or
corrupt perjury The law presunes that every person in
tends 10 do what he does and intends the natural
sary and even probable consequences Of his act or
course, the presumption Of intent do the act is al
open to be robuted by evidence, but this in
tent is established the deduction that the consequence
we're aso intended Is generally, though not always,
elusive IT, therefore, the prosecution have shown 10
your satisfaction tha, the prisoner made the false oath
prma iacie shows that was corrupty dope ard makes
ou' case for the people, and throws the bur
then OF proof on him 10 rebut the presumption