The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-01
United States District Court.
Rosore Hon Iudga Belts

NANsLAuGHTER ON THE HIGH sEAS-sENTENCE TO
THE STATE PRISON.
Coz 3l-1ae United States John Cb,er.-The pris-
oner IN this case was convicted Of manaughter the
high seas In sentencing him Judge Belts spoke as fol-
lows
When YOU were brought into court Saturday to re-
ceve the judgment Of the law your conviction for kill
ing your shipmate, Anderson on shpboard at sea- the
Court requested by your counsel to postpone your
sentence until this day to enable him TO procure the re-
rommendaton Of the jury who tried you that tho punish
ment to be awarded might be mtigated one This re-
commentator made when tue verdict was given
The jurors then spoke, doubt their honest conviction
In declaring guilty Of mans!aughter, without adding
any qualification to their finding The Court will always
jury convict tried by them, when the case
may have constrained them to render verdict Of guilty.
although the act may be accompanied with crcum
stances which greatly mitigated the character OF
the offence, the jury having no power to pardon
or name the punishment which shall be inflicted
But their representations behalf Of convict after
after they discharged Of the and also Of attend
Court the results often of mere tenderness Of
feeling or Of sympathes wrung from by the npor
1untes suenngs Of friends will necessarily have
s for Their 10 ,ns Court YOUR
favor, further than their sorrow at seeing young
of respectable appearance subjected 70 painful and
shameful punishment You sought the QUARREL and for
a most childish Because Anderson at breakfast
pushed your coffee dish aside and got his filled 1rst You
challenged him to fight and you both went 70 blows and
IN the scue he threw you chest and continued
striking you whilst under him. Your companions were
but you did not and when one Of them spoke to Audcr
son TO let you up, he Immediately got from you and as
he arose be discovered by the blood flowing from his side
chat he was wounded and called out that was stab
bed, and you then holding sheath knife in
your right hand the blade and handle coted with beod
This knife you had during the struggle driven through
his side into his chest INJECTING mortal wound of which
he died in the ship within three days. You made at
tempt to indate Anderson repe his violence by
hbiting the knife him, threatening to it II he
did not desist from his attack. You drew 1t from your
lis
murder there would be great reason to think jury would
have found In your conduct so many marks Of revenge
fu and malicious purpose In the act that they would have
found you guilty OF the capital offence, and your life would
have in consequence been the forfeiture. The indictment
against you s however, for mansaughtcr, and The law Of
that high crime only subjects you, at the utmost fine
md few years Imprisonment In the county jail II is
certainly singular provision the laws Of Congress that
crime Of such enormi,y committed at sea- brings with
no greater penalty than ordinary isdemeanors when
had you been indicted for merely assaung Anderson by
attacking him In threatening manner with your knife
within striking reach Of him, would incur the punish
ment Of three years Imprisonment at hard labor in State
prison and three thousand dollars fncthus putting the
punishment for actually taking life unawfuly, less in
than for pointing dangerous weapon ut another
touching him withit There good shown
ia this case in my opinion for mitigating essentially the
punishment provided In the law for manslaugnter IN us
most aggravated form. i was committed in quarrel
provoked by the convict by secret stab with weapon
concealed about the person. The mode Of causing the
heath s one which most deeply deserves the watchiu
ness and apprehension Of our criminal laws Dangerous
1Raimings and sudden deaths have become alarm
ngy frequent from the reckless Of dangerou
sasa n NO quarrel or braw however trivial in 1t
10y " progress DIT what seems excuse Tor a re
crs 20 pistols daggcrs and other deadly weapons by
s o. e wranglers even children in schools and dis
ls =. ne corners of the streets, IL II matter
% ana o. course 70 retort to hard words push
~ ,a msus S WIN dagger, or blow with bludgeon
w oas ol men nave pt more ready command the mpe-
N sucn conflicts than Sailors who wear their sheath
nnes consn.y az sea- and nre habiuay mpnlsve and
sogether The most efecua way Of checking and healing
TINS alarming evil is for courts OF Justice 10 anplv wifi
brnncss ne laws 70 this class Of hazardous
and will be the nvarabe practice the Court TO check
as lar as may be practicable the offences when brouyh
within s jurisdiction, by applying to them the severss
penalties OF the law am satisfied the law If faithfully
and promptly enforced against the use OF dangerous
weapons, without respect TO age, station or proyocaon
when the killing or woundng by their use Is not in d.
vince Of life or fully jrstinablc in law, will soon
suppress the evil and relieve society from the
dangers and alarms which now SO freouentv
disturb It's peace shall impose upon the prisoner The