The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-03
THE SENTENCE or WILLIAM AULLIClS.

Application for stay OF Preceding %
uisd-Tns Accused Charges that the
Brodsriek W,n 10 . Forgery, and '"ss
He 10 Prosecuted By ConsPir.ey' IN
order 20 Avert HIS Testfmony-"uu-
gan Sentenced TO the state Prison ior
Four Years and siI Months
COURT or OYER AND rKRSisSH.
Before Hon. Judge Gould
p,c l-h A< haaa Of William kaUSdi.-ips &c
sueod Il will recollected WAS convicted Oh M assault
- an os,oer with attempt TO kill The rourt wss
-, At MALT pss. twelve O'Clock. TIE passages
800. 20 the seaI OF justice were .ronged from
.hout ten O'Clock sld the opening CT tho doors At
..lt mast twelve room, by one lmul.aneous and
~cper.l rueh was a few minutes O DIVIDED TO excess
me anxiety Was evidently universal and tho decorum
Gas perfect, There not the slightest manifestation
Of feeling Amcsgst the mixed aud, Of srprobs,on
1napprobaion, which very fre lusnssy witnessed ct
che termination Of excitlas scene lGcas
nuls,n accompanied ey several fricsds tered the
court long before the Judge. arrived.
Al soo1t O'Clock tho, District Attorney Ar Water
pouncei en- william M .uisan.
Mr. Brady said ta9t ~ the last meeting OF THE Court
Mr. Muligan ~ ked he had any trade he answered
Ma, he cOOr err by trade b., had no, followed IL
nor years Mr.. FrAdy understood that Mr.. A. A Phillips,
OF the ooE' e for The defence, bad waited his
Honor, Jusge Gould, al Troy, and that the
Pill Of exceptions not admitted. The
pounsel fer the accused had called upon Judge
Of tns ciJ for ttay Of proceedings but he was sod that
= message had been received from his Honor Judge
oud c The enec, that ho did not wish that any Of Tue
Judgee t.re should in the matter until he arrived IN
town.
Ar srady-Then the case relieved from that din.
putty he would send the papers 70 Judge suther
land
said In the meantime Mr. BRADY asked for stay OF pro
oeeungs from hs Court on the ground OF the misppe
hension that the Oyer and ferminer terminated It's
existence laet Saturday
TIE Juogc-We have not so held Il; we consider hat
the Court has the power TO prolong its session,
Mr. Brady asked that the sentence o. hulligau
be deferred until after the decision OF the General
has had. He did go because he felt and knew
that where convicted OF charge OF which he
was guty-snd no pretended that the prisoner
ored OF pstol-it could not be sustained (hf. Brady
referred 70 some anaogous carey he submitted thai
could pretend that there particle Of evidence TO
show that Michigan discharged the pistol NJ the en-
cor, tusnded u discharge IT. AMI yet they had
The fact OF District Attorney sSng 70 send man
prison offence Of whsn be mas not been
Iourd glly They all knew that me press had teemod
against suissa tha public opinion, 10 which there was
and uuus;fASe Antsgon o. I'll wol be n the courts Of
hstice could be induced make sAsrlase OF man,
matter wha. may nave been the pred hoes against him
He fMr Bfscy wond not be earnest la his Efforts 10
defer THE .entencebe ause he had not the slightest
doubt Of reversing it whatever It night be-bui he was
informed by Mr. NJ gsn that be was an important wit
se.s in u suit stae In viii h amount OF
money involved and that there are perhs - persons
M this court Who he should be sentenced
In order that he be- the slang phrase H. 'spot
TOD 10 render aim Incompetent as witness 10 that
suit Mr. Brady referred 70 the di tment 70 what
Muligsn did and said the OF the affair and
concluded by stating ta he belt wed the indictment and
ihc verdict were Inconsistent and un,oaaoe, aud en-
pha,cay asserted that he would Sand by The accused
with all hs soity At the same time ne
every possible consistency lot this sentence stand
Mr.. Anthem sad that there was then motion for
y Of proceedings pending before another Judge Of the
Supreme Court and the Distrs, Attorney aged
there lt impossible for him (Kr. Anthony 10 con.
sent 70 ro'ipouement OF the sentence He submitted
that there manifest propriety that tbs sentence
mould net be delayed except upon strong grounds aud
thai tnere wa manifest propriey that the seatcnoe
yho1d he the Judge before whom the haf
been tried With application in court room, and
another here the abfonce OF Ihs District Attorney,
could eonsert to postponemeat OF the Sentence.
Mr. Busted, VINO had been before another judge ap.
plying for stay OF proceediags here re entered the
conrt hut having consulted with hts associates became
manifest that the stay not granted
Mr. Brady shen stated 10 he Court that Mugsn was
aesirous q naming certain pa,e. who we're sn1ou. 70
he recessity OF dong he again submitted tbs, Al
the utmosi Mr. Aulisan could be convicted OF simple
assault and that " the District Attorney merely wanted
sen tenoc record the ends Of justice would be A.
tanned by The midest sentence Of the Court Mr. Baiy
then alluded 10 the accusations that bad been made by
pre,s sranss The prisoner, and asked why, II he bad
been The nuance thai be VAS represented TO De- the pub
i.c authorities had not before made hi anenabe.
But whatever these charges might be- M B-aiy could
that the defendant here had boon volunteer In the
MA be Or Bs.y) ga, reminded ~ h'r colleague, NJ
prstecd that teegarhic despatch Was received from
General Lane giving him high character for Integrity
and althfupcss Mr. Brady concluded by strongly
ing that his ebert under the entitled
70 suspension Of sentence Until the decision OF the gene
Tee Dairic, Attorney (xr Waterbury, made no reply,
bot merely mo7ed Tor The sentence Of the Court.
THE SENTENCE.
lodge Gould then saii-ln regard TO this as TO any
other case, hope conduct the trial and IN uk con
committed errors OF Law rs undoubtedly true whether
have not different tribunal will deoi e In the
Of the trial certainly did not, never do, intimate to
The jury an opinion upon any question OF fact They
e The judges q thai The power OF the Court
lately circumscrbed from what formerly aud has
matter Of discretion with me whether sentence or not,
uness suppofe there ground for stay Of prooocdng.
which DO not believe there 1t therefore bee ny
pain ard direct duty 10 proceed under the astdts
and pass sentence Whether the admits o,
tiop, aud whether correction win De given 10 matter
win which have nothing 70 do. Nor there any,ainx
oui OF the case with which have aayt hing 10 do rhs
statute Ia intended I, stop at the bcgnnips Of vito
ence, 10 prevent those acts which, folio xed no, resull
honcides I. Is inicn led by making them soaie.hng
more thar mi.demeanors 70 inform the comnua,y that
the sv guards the I, crime and that II Intends
by Publishing M lndAies against slch Ii logs TO prevent
turned reality ans TIC crime 10 cossumma,ed By
the act nc 'n,en'ion Of The ls~ Is that
sbould rect over The whole commenl.y. No mao
ouilaSej, and no place IL og!IKsci Ths
protection OF The sv extend, 10 the srthes cabin that
carries Gar &c pr1tesilon ~ the lag over the
raor boz rp3n the cccan. i Inc prstd,us genius ~
tfH oVuLWy ~ y tns ouy tuing Nnicn Keeps Nv y M
ton. know that "a many respects held III Il ,hc
~t arr not 20 b. 1narccd AID that the persons
whom the laws bear " be themselves the rigcs -
what = thc ltw an hcw il SHAH be eaiornci / uaicr
take 70 say that Wherever that claimed that IL reyoa
tun. ana Lo.bisg ttcrt 81 " The law gn1ws private
tribunal 81 pass rp0n Is validity. u grscrka1tt thtt
The ouly government here, and the only Dis. uotan
pstseen having government aud IA ginE u0usbytNten
Eovernmeat atd aaa-chy-ir, that iUai7caals ualcr
take " pass Up1n TO law Tne La sands pledged
40 rtct'fy that error 4 be err, thai crins
Il be crime. II Fta1ds pledged ~ snet us
dgniy-to txtcu3 i've Frotsc'ior o..
good either, relying r1n the understand rg that To a
protects him, socs soout his business unar ned. ,nd
peace a1d % Gpt Therefore 70 be tua slci % v5b
TEe las, having tad tHHi ne tna carry srws urler
sGkts itgef % re TIC tts sn4 FAal kiu nghera
end everywhere and u poud Be sha nc, aegrafttsn,
- DC Court tncy Ncrc q fa u cary Oat 80. provo
zion 81 We law j. tas violence, II j. ca'nsi -
no resofted TO- and Fers simple statement II to
wi rectg, % ~ NJ NJ vrNs concerned, thal
rrcsumgti1n ne testimony -, that ne prs3ueg hal
dfculty-au aiofcato1-Nh one ~ tue prnlgitt1ts 81
q house the nlEht preceding thia tGfrcrce. ms
thE evening he seat taNEe Efmst--sGst b. r8a
Ecrsatlon with obe q Sac popr elors q the L0aS, 81