The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-11
Court OF General Sessions.
Before Recorder Barnard


DYc l0AThe first prisoner disposed Of this MORN ng
was young man named James shay, Who WAS jointly
indicted with other for robbery ia the drst de-
gree He was permitted 70 plead guilty 70 an assault
With intent TO rob- which left the punishment somewhat
with the Courtfor hal be been tried aud
icted of the original charge the lowest penalty that
coul be inflicted would b. ten years Imprisonment " the
state prison The prosecuting ocsr pied tas MINOR
respecting his confeicrates ii the robbery Having
thrown all tbs light upon the affair that was possible
for him DO the Court proceeded q pass sentence
which Imprisonment p the slug sag wsln ioF NO
and Elk months.
THg SHEPARD CASE JUDICIAL ESTIMATE o. TIKI
POWER oF THE PRESS.
Counsel for James shepard then Cor the purpose ~
making some motion in reference 70 ii. Client Sho il
g be- remembered has been tried three toes FOR arson
IN the first degree, and who still remains
fined in the Ionbs, the jury isa.ns 20 agree
upon his guilt o. innocence. should DC
sfafed however that Shepard va con ,iecd Of
his heinos crime and acray sentenced 70 be executed
but his counsel succeeded IN obtaining q Dew trial
When as We about remarking Tie counsel rose 2
speak he was peremptoriy sienced ~ the Court and
informed that that WAS not the time 20 make motions.
The counsel added something which was not heard a. the
reporters table respecting The newspapers prciudcng
the interests 81 his client when the Recorder, with
nppancy and an air Of ~ ference and defiance toaiiy
nbeh,ting the dignity o~the bench remarked that he
had reoey the or the newspapers for the last
years that he thought very praseWorthy 70 re-
ceye the censure Of the press aud N consequence oil re-
ceving the OF the press he ran seventeen thou
sand ahead Of hs ticket This sage remark caused
siderable amusement 10 many Of the respectable and in
tell gent citizens who were IN Attendance waiting Tor the
JUDICIAL proceedings 10 20 on.
THE "sHAvIsG" cAsy-coSvIcrioS or ONE OF I'VE
ITALIANS.
The only bury trial Of special interest was that OF
Antonio fobianno who jointly charged with Andrew
and leopold Gusiayel with robbng Mr.. James Walsh
a yennsy lyanan, OF $500, while he was boing shaved
IN the saloon attached 70 Pastea's Hotel. Last
week youug Gustayeli was tried for the same Of
separate ral-ai which time the Jury faei 10 agree
upon verdict and were discharged We gave digest
Of the eyaence at the time when shown that SIS
the money stolen from Mr. Walsh secreted IN the
boot Of young Gusaye, portion Of which was Identified
by the owner II was not proven that tho young prisoner
the saloon AZ the time the arcenoy perpetrat
cd. and had il not been Tor single suspicious clrcun
siance connection with the other facts the the
Jury would have undoubtedly rendered unanimous yer
dict Of acqniiia The Circumstance nns this-When Mr.
Walsh causcd The arrest OF the Italians aud before they
were searched he told The ohcer tat one o. The DIS
had blot o. ink the vignette rather upon the wing
Of tie eagle and n soon ~ he youthful prisoner was
searched lot only the bis unusual Currency
the CITY discovered (Which proved 70 be similar IN de-
scrpton those stolen FROM Mr. Walsh) but the very
bin with this peculiar ink STAN discovered 0f
course the rngeno, the prisoner conended
that they ought not 20 send his client to the
state prison such slight circumstance
that, while the prosecuting attorney contended
with equal ardor that such unusual identification OF
bank note a. the one in question WAS in connection
with other circumstances conclusive proof Of his guilt
But has been already intmated the Jury failed TO
upon the guilt Of young Gusaye and ne was re-
panel Of jurors viii be called upon 70 try the issue al the
present term, that he will remain custody till the
January term The reader may with proprety inquire Why
Antonio lobiarno convicted a. the larceny by the
Jury that tried his when II not shown that he
physically committed the offence or that he received any
portion Of the money solution o. this apparent incon.
sistency III be found when il l. considered that the
theory of the prosecution that the two Gustayelis
father and son-towners Of the saloon and lobianno
formed conspiracy rob Mr. Walsh OF his money. The
prosecution showed by the evidence Of Mr.. WASH that
Oh 18th Of June he entered the saloon FOR the purpose
OF being shaved that h. waited upon by Iobianno,
who requested him take on hs coat ana hang Up: that
he complied with the unusual request. but was
enabled 70 keep his EYES upon the coat while
reflection OF the mirror When the oerat OF shaving
going the prisoner asked him # he spoke German,
which the vctimzed stranger replied in the negative,
whercupon Iobanno (as assumed by the prosecu.
tom communicated something 10 the elder Gustayeh to
further the prosecution OF their criminal intent As soon
n MIR. Walsh shaved, Lotanno proceeded, without
any inmation from his customer 20 shampoo his head,
and in doing 80 used large quantity Of soap 30 that the
polite and generous barber conducted Mr.. W 10 basin
OF water at hand, and while his Uranium in a
recumben position the prosecution alleged that the father
and who IN couson absiracicd the pocket book
the coat OF their country customer. These
be circumstances upon which the Jury founded their
verdict OF guilty; ALSO taking into consideration the well
known principle Of law that II two OF more persons con
spire commit felony both equally guilty although
one may not have physically participated IN the com
mission OF the offence After the Jury had rendered the
verdict Lobianno was placed at the bar for gen.
tencc, when IL appeared that while h.
prosecuting his profession in the shaving and
often removed the extraneous beard from the face Of
be Recorder, who used 10 remark how stylish Lobanno
dressed The prisoner accounted for this BY stating that
he a splendid workman, and his connection was,
therefore, respectable and large. lengthy cooquy
ensued between the Cour, aud the prisoner, which was
wound up by the Recorder reminding Lobianno that he
arrested charge 81 murder The barbarous
Italian gestculated violently but nnally Quoted by
the Court He was sentenced to Imprisonment in the
state prison for three and eight months His
sci sgnhed his intention 10 carry the case on bill Of
exceptions.