The New York herald., 1862-11-16
THE SLAVE TRADE.
Albert HOrn Sentenced to Etve Years
fmprisoDIncnt.
UNITED STATES CiRcuf cougr,
keLore Hon. JUDGES Nolsnn and sshin,fNnn

UsiTEp STATES CIRCUIT couRr.
Before Hon. Judges Nelson and stp,non.
Nov t57he DaiNd Stats AHen Uora.--rho ris'
rict Attorney moved for judgment again, The deeadant
who was convicted OF fitting tho bark Cora
trader Mcssrs Bocbe Brady presented in hs hcha,r
. recommendation to mercy signed by scyen Or The ~
rofs in addition to other papers in deoptanls beaalf
for the same purpose. signed by several eminent
chants and bankers in New YORK.
Judge shipmap, IN passing sentence remiried in sub
stance rooNs.-i have examined the papers ia this
commeudin the defendant ccncncy the affidavit
relating to the state OF his health anA the certificate Of
his physician 10 the eat that no could not endure long
imprisonment without serious injury. hive ass ex.
aminod the testimony in she case aud cmnct fee
doubt that the evidence only warranted bat demanded
conviction Considering the nature of the onence the
punishment prescribed by tho statute cannot DO Coss
dered severe. ihs crime Is not one which pecpe.
tustcs under the overpowering mfaonce Of present
temptation II is deliberate, aud ia tins IN.
stance perpetrated by og Intelligence
who could fnly appreciate what he doing and the
consequences Of his acts The mprisonmcnt may Be for
not tnan less than three years, and there
oreiturepovided in the nature Of qfi inn proceed
ing which IL is not likely would in this the
defendant apparently has no means 10 which 10 could
attach The confinement IS not in the State prison,
acconpanied with hlrd labor. II Is imprisonment
IL does appear that the defendants present OF
health i sOc 10 make him incapable Of enduring
nncnent although il will OF course be unpleasant 10
him Ii hereafter it appears that the incarceration niu
rousiy affects his constitution that VIII bc proper
ground application TO the Executive. Considering tho
o the offence and OF the proof and awarding pro
per estinaio ion 10 the papers submitted 10 me the de-
fcndants behalf have made the punishment as light
could consistently with the due administration OF
co. The sentences Horn is that you be imprisoned tor
five years.
Several friends Of the defendant In the court DIR
ns the JGdgc's 1emarks. He received tho sentence
calmly.
The Uttd States S0tos.-Mr. Brady, in behalf OF the
bail for tho docndant moved to set aside order made
a few days directing the fecogn7ance IN this csse
DO forfeited aud prosecuted He called the Courts a
tehcn the fact that the OF nisdeneanor
in which the law did not require the accused 20 he per
sauaiiy present during The whole trial. Santos d-ap-
peared while rst principal witness against hun
the sand but IN legal contemplation his flight, f
such II were, equally consistent with consciousness
gull, and oi ed nvicton. The Jury had
properly acquitted him because thcy could tot conde u
the testimony addurcd against MN. There was no right,
rcorc, forfeit the recognizance. The condition OF
had been brokcp and would not Ue iusl 10 hold
the bail absent during his trial when
not bound bv law 10 be present
Mr.. smith, District Attorney said Santos had deibe
ralely absconded leaving small OF money with his
VIE, and the principal object or forfeiting tn" rccng
niz-ncc example TO persons becoming securities
for accused parties He thought the condition Of the
bond had been forfeited After further observa
tons Judge Nelson ook tho papers and said lie would
,ook into the matter.
g~,~ NUus Nr.es NJ nah wi H.