New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-12-27
COURT OF OYER AND TERMINER-Dyc. &-8ets-,
.ustic


This being the last day of the Term the Court was
occupied IN sentencing prisoners TIE Of The People
Come A Moset Was taken up frat By consent OF the Dis
tc Attorney The prisoner had pleaded guilty the
sst degree The stated thsit somewhat
pisoner Of sny oHense The prisoner applied by
The Judge remarked az follows:
81 satisfied tina, possesses The pow,
the duty Of the Court un- sppicson BE- made for new
Trial. motion in arrest OF judgment be made for de-
convicted crnc by jury or who piesds guilty. An is.
ps15oS t Of ss he by law :
No Court in the State has pardenn- power Thai power
vested exclusively in the Governor.
Ihsvc learned by the newspapers that the Recorder this
% occssony suspended sentence upon veIdcts pleas Of
guilty ard ,sed him last week where bis authority was for
doing He told he houghther old statute applicable
70 rs Cos gtho6fini hs spspensoo Of Judgment upon er
u5 and TIE se ne, said he does not knew Of
city, informed tst they are not aware Of any such
statute authority for suspeDdng sentence against criminals
have heard tia, criminal Courts in parts the State
and even Justices Of tbe Peace have sey assumed the night 70
Bot OF tie opinion tia; Court in the State is authorized
to do think the imperative duty feVery Court to pro-
Judgment prescribed by upon all persons cOnc
I'd Of crime before them unless steps are taken for new trial
motion b made in oest of judgment for defect in The
indictment. say Of the sentence may he granted where
togs sued out and sy Of judgment may also be granted
anlhotled eSetp upon eeroIa or HI Of error FOR these
The prisoner then sentenced to imprisonment in the Per
tentiRly for SIX mouths
II.
Daniel Finley convicted Of murder IA The scond degree for
klE bis wife "ss brought up The Court said The prisoner
evidence seemed justify The verdict and society demanded
that the prisoner should placed where he woad agsiD
The State Prison At lard labor during The his life
md there wa Hoped t prisoner you'd i've all his spare time
to meditation hs greet crime snd the seeking Of forgiveness
The SHAY sURDER.
Mortimer Shay convicted granddaughter in the first deg-pe
IN killing one IsaTy IN 40 arsy Tss e1Syghi up Affidavit.
do1e ta, De Che prsone ives assaulted aud badly CIT Le
Of sentence va zsneraI mot painful one The minutes Of
TIE a a. ~ lad read th' ~ showed mat the prisoner nece
sr drew me- knie ana unnecessarily iouowed up the qnsI
with desessed 10 change On opinion deliberately formed On
determination The crime w' 60 awful one shd the sentence
oftbe Court that the prisoner should he Imprisoned IN e
OTHER SENTENCES.
Frederick SchscL convicted Of msnslsugher in The tld de-
en.enced 20 the stse Prison for three years and nine
samuel Kiu,uote convicted receiving stolen goods in
said bat he had been called upon by many persons N regd 20
bok such Interference bit ia he Enes those who called On
MIN to 30 Influenced by pure motives d hence be dd no re-
buke them. lie had so received affidavit tending 20 shake
The cre,bii Of the witnesses for the proecu IN He
had suspend bat if II proper
,sd AN such potef IL TIE Cour Of Oyer and Termner
though be leaned hat in tue Recorders Court here and IN he
country in justices Cours. ths power was being exercised
Ih0Ving out al but the strict less evidence in the case le
view OF the former good seI aud the that
de the law " IS much ss to sS s 81 Prison.! sni' he
prisoner on hearing the sentence. burst into tears
THE whLToH-HATTUKws MURDER.
Mr. Oakey Hal moved tst Charles Jeferd under arrest
on .uicion Of connection with the Walton MATHEWS murder
be .iti er u cha. ed from asestpi admitted 10 bail
The Attorney said a Je1erds had no, been brouait
to trial becsre be did not believe the sudS of public justice
would be answered by such course.
Mr. Hal said that the DstcAuoney had already compelled
uoner 20 commit suicide by delay aud he hoped the Court
would not allow another sued ard that the District Attorney
.hoad he compelled slow satisfactory for delay or else
that the roner be admitted BAIL which would be given 10
the snnount or $1,000 $1,000.
The d that 10 the cse OF The usn DO
committed sui Se (NcDonsd it owing to the neglect OF
his o,,u council and not 10 neglect Of the Ditct-Atorney
The Court ssked why the he'd not been tried 1t this term
The Di,,ric Attorney said this undoubtedly case %
py in the r,t decree and be wished try other
NJ b pu decree before this the Court Of Appeals might
u ,l question as 10 the construction Of the portion OF the
t relating 70 pui. hnsut toe Legislature amend the law
m Court ASKED whether the DirctNtornt5 had evidence
sufficient convict.
The istrcAtoruey seid be lad evidence on which he a.
Juror wo,lJ convict. ,
Tn. Court did think that under the ccuaac. n ought
., te the prisoner the Court OF Oyer and rcTsniner
sitting January. Nor coadte Court admit to Dsi nce the
, vas arftl Cpe, the circum sres extraordinary and
M DirAttOrney in possession Of strong evidence Che 'sysl
Of guilt
Ih S,over pleld guilty 70 chSIss Of eke ~tndns,
ana H. pin, dsordeny bouSe.
AdlcuTLed FOX the term
SUPREME, COURT-CHASBEK s.-D1c. -s-BtioTe 's'uce
H0GEBooH-
DECISIONS.
In the matter Of Mary Ciynn.-HabesAs corpus
- , ,s,,r Of opeuin. Chambers sreetOfr for payment