The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-07-08
Court or Oyer and Termtner.
Before Hon. judge Gould.


SENTENCE on CARROLL FOR ARsoS-urRpox,nSr FOR rUz-
JrLy 1.-THE People u.s. james Carroll. jury found
this prisoner guilty Of In the nrst degree and the
Judge said that counsel had asked for twenty days TO
make case but the Court would not suspend judgment
for that length Of time.
The prisoner was then arragued and In 10 the
question what he had to say why sentence Of tho law
should not be pronounced against him, said be was limo
cent Of the offence.
The Court Of opinion that the verdict was Just
and proper one and the sentence OF the law was that
the prisoner be confined in the state prison ai hard labor
for the remainder of bin naassal mc.
H. Recnsdsr ninth msved uhss 6heetAan. WIN wss in
d,cea with cAro As accessory - shs aes shoad he a.
es;rs he WI" In no way rsS'A'''' lot ''' '''
Mr. scdgwck opposed the motion, and the Judge subse
quently admitted the prisoner TO bail IN the sum OF 81 o
SUNDAY THEATRICAL ExHHrr1oSs.
The Court said that the matter Of the motion TO quh
the indictments in the Sunday exhibitions, he considered
the wording Of the indictment sucient 70 the
offence charged the performance itself was not an offence,
them offensive and Illegal. lie could not, therefore,
Quash the indictment
Mr. Anthem then proposed 10 call on the case Of Edward
Herman, indicted for Sunday exhibitions.
Mr. Clinton, associated with Mr. Brady for the defence,
said impossible for them to proceed y day for
several Of their witnesses wcrc abscut, and
most OF the others OF the Jewnhpersuason, and
they could not be compelled to attend here 10 day be-
ing their sabbath lie suggested that there would be
great improperly In court Of justice violating one Sab
bath IN endeavorng to punish parties for tho alleged vio
Amer some opposition from Mr. Anthem She Cour, said
be certainly should not compel lsaees TO attend here
he trial then wen, over and the jurors we're discharged
ne Psopk u Dursd Beach alias L>acA. -Ex Recorder
TO bail his rccosninnce. The prisoner charged
with forgery, and has been 10 prison Tor over year lie
cosssded that the accused entitled either TO be tried
or discharged on his own fecosnizanccs.
Mr. sedgwick submitted that the prisoner sh ,uid not
be admitted 70 bail He bad been sent 70 trial 70 the
next Oyer and Tcrminer aer the indictment had been
prisoners council
ne Cours though, there bad not bcsn any opportunity
70 Try this this term. The Court had been fully &C
cuped In trying cases Of parties IN prison and ooy one
ball case bad been taken up. The motion was denied
prisoner h held In three thousand collars bail
NJ. sedgwick opposed This application also. Tbs was
an importer, case not cs'y e !. s@o0n' od' I'm
ne Judge sa Be would prefer thai the melton should
Be made before the Court Of ssssioos.
aENrRcw 70 me sAn r1xoS ron I'VE rrAn
Nchasi Ro.ks, indicted for tbs murder q nich.sI
s".se wishdss. hs - q sSs sursy' and p''so'd
$500. ssss s.sss ~ s ssi sss.
On being ssts What be had 70 ny Why sentence should
' Ssvsr t %ls counsel, ~ mn " unsor.o.
under S.se Of .ne,eper.; when engaged in struggle
and struck hin oppopeoi. who died sf.er me pr
eouer ~ not bad man. and never bad been chasgsd
with any oocc before be was truly sorry Tor what h
had dcee and by the advice Of bis counsel he pleaded
guilty mansaurhser in the second degree, hoping that
he Court win deal as enieuty with the unfortuaass mas
4 - possible.
ne Court remarked that by the recent Alterations in
the NV . tone has become prevalent In the community
that ~ thee csoces 10 be treated benicntly Of
very date that inscxicasica Is permitted de
fence but though the policy Of the Law new 70 lower
down thoee crccs leH than nothing he hoped there
wa enough Of good In the land 20 ay that when
man brings himself 70 that state does not justify his
be held Irresponsible for ne act he commits 10 the DARK
Ssntcaced 70 eve years hard labor In Sing sing.
On motion q Mr.. A. A. Phillips, Bernard CCle, indicted
for the homicide Of Cosgrove, alias Cockroach ws nd
mted 70 bail In u CO., with the consent q The Dsrie'
! co motion of Mr.. Asbmcad, Dunncgan who was tried
for the murder OF Kcvan but In whose the did
rot agree admitted % bail in % 600 The prispucr
aso held 10 bail In the amount hr The
az Hickey, both n which took place IN the same ARRAY.
Gu motion a Mr.. Clinton, Thomas Downey, charged
vnh The murder Of James uin, board the sIcop Clay
ton IN October last, admitted TO bail In W 00e.
George r. Finnegan and George ". Hill, indicted Tor
assault with intent TO Kill pleaded not guilty and we're
Amongss the recent indictments by the Grand Jury
we're thsee q The People William kuesn Tor assault
ing oicer Oliver. Held "a bail Ia the of t1 900
Tie People Gustav Lindenmuhler for violating the
Sabbath, by givsg dramatic performances the Lord
day. Held 1, bail in $500 for each performance making
5000 bail. Two indictments against William Mcintyre
for attempting to bride Alderman Brady the Of the
appointment IT, the Croion Beard for felony In which
the accused bailei In "a 900 the other for misdo
meanor, held 10 bail In 81 500 Indictment against
| G. revisn Ger forging the Of J.bn Fitzpatrick.
The case Of The People against Wood, and others, for
dealing IN lottery tickets Was After some remarks pat
| over for the term.
! The Court then adjourned zine de.