The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-16
ME ALLEGED MOCK AUCTION FRAUDS.
Convfction OF ZenO Burnham-He 10 SEM
60 tho State Prison for Two Years an"
COURT OF OYER AND rERMrsER.

SIX Months.
COURT OF OYER AND TERMIsER.
The case Of Zeno Burnham, who has been accuSea VI
fraudulent practices auction In this CITY, was 10
sumed Yesterday morning before Judge g. g.
Barnard II viii be seen from the proceed
fnm reported below that Burnham has been
Sconvicted Of the offence LAID to his charge
and sentenced 10 Imprisonment In the State Prison for
two years and six months The court room yesterday,
during the progress Of tho case was crowded. much in
tsrest was manifested In the result OF the trial. and once
pr twice during the summng up for the prosecution by
Nr Cunning s. Bedford, Jr there was an attempt at
applause by the spectators.
Mr. Cunning Beford jun, Assistant District Attor-
uey, In summing up for the people remarked rs fol-
Iows-The counsel pleased to say that in my opon-
ns Of this case had been on the defendant and
ne characterized my remarks unusual aud harsh Let
say to him. in the language Of the noble Themistoces
sstrike but hear" and, If am not greatly deceived,
Tho verdict which you, gentlemen OF jury will render
will not only demonstrate that although the "sheet Of
is q proper illustration Of what your minds should
be In tho trial OF this and I'll cases. yet
Abe defendant whose life, II seems to me, has been
she very opposite of purity The counsel has spoken Of
my This think y no iaals o. mine !.
form my duty with zeal and ldoly and II could boast
of the experience of the learned exRocorder now
amounting. SUPPOSE almost TO three score years IL
roud indeed be the great regret Of my life 10 have
conducted this the gentleman has done. Think
ihat he has rather weakened than fortified the already
1oteng condition OF his client SO far as his illusions
70 myself are concerned assurs him that his filings
very much like the dart of Priam--athough
soaded with venom they fall short OF the mark.
,ounci against me, but Wish You to remember ina,
80 sound maxim in physical SCIENCE that big bodies
move slowly; and, gentlemen, Is not that maxim amply
developed before uss And now, to our case, zeno
Durham is on trial. His profession is one OF niquty
IT hves thrves and propcrs on deception; and like all
must fall and In this case its fail will be one Of utter
humiliation to the man. whose whole public life,
mock auctionecr, has been ono of constant mposurc
Mr.. Bedford hero apiluated the testimony length
and argued that the evidence clearly jus.aod con-
viction and urged for verdict 10 that effect. In
abiding the witnesses for the defence Fhe said:
And, gentlemen among the witnesses nrod lced by tho
prisoner bis aged and feeble mother, and tho old
lady compelled 10 swear that sho lived In the house
a West Sixteenth sire that she attended the sales
mon, the last link in tho chain OF this wrcchei, de-,
graded mans inlamy, to bring his aged and nfrm
mother here to sustain him in his niqty, and TO prove
by her that she Is pit In the house as
decoy. Ono word and have done. Remember
gentlemen, you la duty to perform; the community
looking with moro than ordinary interest to your
verdict II you acqrii this man. then you necessarily
Say In tho breath 20 tho rest Of the fraterntygo
and do lkewise Zeno Durham, tho king OF mock
auctioncers Is trial DetErone him. and his people
fall There is something mean and contemplate in
the surro ndngs 81 this miserable business that the man
on trial, II no have left a bush we would think
his face would Grim on under the gaze Of the people now
IN this court.
Judge Barnard proceeded to deliver HIS charge to tho
Jury. He said thai IL they believed the complainant
purchased only $500 worth Of furniture from The dcfend
ant and that he took from her the 900 bond with tho
Intent Of stealing It, II would be their duty to find him
guilty II they had reasonable doubt OF his guilt
they satisfied the evidence that tho prisoner had
committed the of nee OF which be was accused, they
should return conviction and conviction In such
case and upon clear evidence. no said, would have
good effect in deerrng others from the commission Of
some exceptions having been rendered by defendants
counsel the jury ret red mt halpast twelve to cib
rate and at halfpast o'clock they returned into
court with verdict of guilty.
Al tho request of counsel for the defendant the jury
polled Each OF tho jurors being asked by the
ofacer OF the court. saId tho verdict was his
Mr.. A. o. Hal-At the commencement OF the term u
mentioned by honor In ono or two cases, and
IN othcr was stated by tho District Attorney following
Hour honors charge TO tho Gr2nn Jury that the grca
Importance Of criminal administration was, that nn
only should example no made, but that It be mad
swiftly, and that was founded ~ your Honor well 70
81 time things were forgotten or lost their Importance
Accordingiy all Thrush tc torn ths ruic has been sd
yiossd and sentenced we have had the poor ucgro do
pasoo ~ snonnce ana asSocMI'on cohvic.ea ana sen
scooeci ana see no reason why We snona now acsr
svo s10 usuh, ruIe nov move OF se1tcnce upon h'
soousee especially a. by decison Of the Court OF Ap
re, when case go up on certloran Without sensonc
me people cannos 70 pcyond tnc oeuefa Ierm.
M spencer SAID ne regretted the posence o. sen o
eounsi Tor oeienosnt ana wsneu ths rssncs nts"rnc
oooc snd The Moor nero for whom he Wss rad 10 a.
on nena naa 20 mncn cossueA.ion, mao no escop' vn
- record WINE ne oowea W .ne luagmcnt oi sne
SoeI ana the vc!uics .! tue Jury speaking on ms owl
onsA mo on .nss !" nls Assooaoss nc eaprus,eo a.
1m o4nvcuon 10 we pr"mp. tcversa, o. TINS Juugment
me Oil OF exceptions wo ID DO settled because the note
tney rolled ON would DO written out tmmed aiei!
y We s,enosIapns' .hers wAs sen'".c'
on .ne accusea a nov q, WOULD % zen. 20 .n
tess rnson ne wouio nave 70 pu. IN terinfhcre ar
sus grave wrong w''a 20 aone tncre were resersa
s Ia s n,v a"a y say ~ ,So sa.
appIIcabIe 10 The prcsent caso
r., u.i. a.. e. or