The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-24
BROOKLYN CITY NEWS.
The wAITERs RAPE cAsE-sENrEscE OF TIE
PRISONER.

The WALTKRs RAPE cAsE-sENTENCE OF TIE
PERSONNEL.
Dr. Joseph Walters practising physician OF Brook
lyp, was tried and convicted about one week ago. in
the Of Sessions the charge Of committing rape
upon a young lady named Lucy s Jones. Mr. Willard,
his counsel made an appeal 70 the Court asking Ior
mitigation Of the sentence on the ground lns' me sc
allowed the Court in its discretion, to give the prisoner
ve years Imprisonment instead OF tom and also on the
ground of good character and the respec
liability OF his family. Judge Dkeman in giving the
views Of the Court thought that the act referred 70 mad
no bearing and that the statute under which
the prisoners came made the lowest limit OF the
punishment ten years.
Judge Dikeman then proceeded 20 pronounce the
tence OF the Court He said addressing the prsoner
In regard your the statute prescrbes the lowest
punishment ten in the State Prison. therefore II
Is not in the power Of the Court, IL would TO mitigate
your sentence 10 lesser penalty On the other hand it
is in the power OF the Court to send you TO prison for
life In pronouncing your sentence we are not going
into discussion but shall merely advert to the heinous
ness of the crime Of which you stand convicted Your
offence is Of very high grade II true you were con-
vcted upon the testimony of single witness You were
convicted under circumstances OF peculiar character
! In speaking to you we also address others than
| yourself You were attending this lady Vne COM
| painant in confidential relation We regard your
offence of very high grade You had Illicit
! and improper intercourse with her while you were
attending her in professional capacity. No one who
has listened to the trial entertans doubt OF your guilt
that respect We lind YOU physicanaa noble pro-
the confidential relations confded to you and violating
chastity Of this woman and gratifying your lust while
/
cation OF your natural instincts resided within stones
throw Of where you perpetrated this crime Your
offence thcrefore- is considered inexcusable; one
which The Court is free to say should subject you 10
severe punishment The jury convicted you Of having
instead Of curing her disease proceeded TO abuse her
by persuadng her 10 allow you TO have sexual inter-
course with her. the pretence that IT was absolutely
necessary for her recovery of having prescribed
for her you ought Although convicted on the test
mony Of single wtness-the Court says this for your
instruction and il may monsrous, perhaps, that
woman Of thirtyone years Of age with the intelligence
1 that's npH a
have been trained and properly educated That she could
come into court and swear to the facts elected on inc
witness stand-we fully believe what she stated TO be
| true This woman is proved to be, though not an
| imbecile, not one of strong mind The proposition
the side To excuse yon from the extent OF the
offence that she willingly gave consent TO your wishes
does carry any weight II she was vrtuons up to the
time Of the commission of the crime the Court cannot
believe that she would then have willingly prosttued
herself 10 your lust Taking all these circumstances into
consideration the sentence of the Court is that you be
imprisoned the State Prison at Sing Sing for the term
| Of ten years
The Court subsequently, granted stay of the sentence
pending review Of the and the making out writ
| ten application for a new trial
DEATH or COLONEL JOSEPH j. DILLON.
Lieutenant Colonel Joseph j. Dillon, late of the Seven
tieth regiment New York state Militia, died ut his resi-
dence in Brooklyn Goth inst For many years he
an active pat in the military affairs of the State
entering the service private and going through all
the grades TO the position of lieutenant colonel He was
also Division Inspector the Second division. He was
member of the firm Of Badger Dillon extensive jewel
ers in New York and considered Of the leading
merchants in mis- branch OF business. His funeral
will take place O'Clock this Sunday afternoon,
from st. Lukes church, IN Clinton avenue, near Fulton
avenue.
The Mails by the Hibernian.
PORTSMOUTH, Me-, Dec. %, 1865.
The Canadian mails by the steamship Hibernian, for
Liverpool, will be detained until five or six O'Clock this
evening; consequently will not take her departure
until then
The Hlbernian Outward Bound.
PORTLAND, Me-, Dec -, 1865.
The steamship Hibcrnian, Captain Dalton, sailed for
Liverpool and Londonderry at seven O'Clock this evening
Died.
JosRPH-On Saturday, December %, CHARLES ARTEMrs,
ron OF Robert H. and Sarah A. Joseph aged IA years.
months and days.
Further notice Of the funeral viii be given in Monday
paper.
FIR Ofser Deaths See Str'h Pdge
SHlPPIN G NE w S.