The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-11-25
Court or q, ar and TernInsr.
ore Hon. Judge Could

rHK sETEscg or WILLIAM nULLrGAE PosTroSED--
TuE CASE TO rE REyIEwED EEFoRE TIE srrsRnE
COURT.
Wv. 24--he jury 10 the casc of McEeorrh (o-
yc6ough) came IN NJ late hour last evening and
dereo verdict OF nsnslsughter in tie third degree
This morning, AT tile sitting Of the court, sr. Authon
moved FOR the sentence McGough, convicted of the
man laughter Of o'Rourke
Prisoner--I an guilty, but did IL IN SELF defence.
ma. h, truth from my heart cprisoner gave hs
version OF The STRAY, and said that the deceased held
him by the throat when tie blow wn given which took
his 'ife.
Toe Judge IN sentencing the prisoner, ,ad that Il
very pos.bc that his s,ssemen. may be true but the
Court La power Of a.ceraning the facts other
those sddrcei upou the trial Under all tie o.rcum.
stances the would him to the lowest term
allowed ~ w, two years In the state prison with hard
labor.
The Ass!stan, District Attorney, Mr.. Anthem, then
moved for the sentence Of the Court on william Hassn
convicted OF attemp, 10 shoot officer Diver. The
cused was very neatly and Eenteely dressed.
On being asked by lhe Court be had any trade he
piled thst be cooper by trade, bot had workei
.r' j. J.s !. Rr.Ay stated ,h.. in the .ss.Dce Of Mr.
Busted, vho cnesecd 10 Brooklyn, he desired tc
say, though he took part 10 the trial. that the convic
ten 10 Illegal aad pslpably and could not be
Hr Oliver with intent 10 KIN me indismeos charres
that the pistol vas dscbarged and the svictoo wN
he sr,s .od Who Knew The nsiare Of sse iudicmen
that the Jury could not preeni 70 say that the pistol
discharged II tne Jury had convicted him Of IN inteut
to shost Of pt, that would have been quito
different The Indictment explicitly stated that the p,s
mad been discharged aud he therefore contended that
the conviction was uiegs and could not be maintained.
thereorc Asked the Court for star of pro cedpgs
srder that they ghi move for now trial
The District Attorney opposed the motor, aud said
that the senten should passed at this term OF the
l0ur al Nv M Ter
Mr Brady suggested ,ba, the Cour, could adcc-n until
the decision of The general term ~0 sivc5
Aer discussion on this point Judge Gould said thst the
law WA viodctive sad that there haste about
N the very act that ps supreme power, with which
there no cornion on the part q citizen sne very
knows nothpg of prejudice against any individual, no
natter whs, the uuniiy may think of him. The aw
convcis and sentences him After fair and impara
Trial, and not by his general character. The Court
did no, think there was any necessity Tor h1ie
10 these proceedings, and u there was any tsnrer
10 the sentence which he should pass upon the
prisoner thst could prei1dics bis right, be sboaid
not feel sstls6ed in dlscbarzipg that duty, i
would BY any means preedice the ature rises o. soy
ason of counsel he lJudge Could would have no hes
ls,on Of siournrr the court even be were oogea 70
be would earessy dlscfarre bs duty and discns-se Il
lmpersiively There Wa DO diGcrlty sboat that
The sentence vas deferred until saturday
II Judge Phtlps then applied % sdAt kalllgsr to
me Court said that should be done by nabess corpus
and sry other Judge could hear tbs sppli cation
after cscussion NJ. Brady sad tnai al men who
vshed W the lssr administer properly and de-
Gently wooid feel the force n ns Eouor remarks oct,
u we going 20 resolve ourselves into community
" execute lynch lav upon aa ndividua that vas one
thing they ~ have the a~r adm Mustered 10 toe
,ense 70 which tho Court bad r.ferret With dssty ssd
impsrtsa,y, that was lfifercnt II might be that Mr..
uullesn object enable 70 large portion o. The com
munty DC did doubt that Tor be had heard exrree
sors iron some Of he parties called urUrs which ,ed
MIN 70 believe tbst the bc " hjcc, OF
deal Of prsjrdice
Tbc app icatlon 70 bal VAS v'thdsawn, and ice &C
eussa renanded until saturday merit
Tbe Indictment against jofus Annshe, Bsybo- kss.ce
for accepting Illegal fees, vas euaseed ~ he Nms
aroupds - arrged 10 other similar cases
Adjourned 10 saturday merit.