New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-07-24
sentenee.-..curlens Perjury ease.

In the First District Court yesterday Judge Abel
passed sentence on the following convicts;
Timothy Kelly alias James Haney, for perjury,
FIVE years at hard labor in the pententarE.
Kelly on the 7th April last, was introdRced to
the First District Court, W H, c. Belden, as
person qualified to go bail in the sum Of eleven
thousand dollars, for one Devices, against whom
several charges of burglary were pending, and for
whom Belden was counsel Kelly, upon being
interrogated, sWore that he was worth eleven
thousand dollars over and above his liabilities
that he was the owner Of real estate, worth
that amount, on Fulton street, which the had
recently bought Of one Dalton, and that
the deeds had been recorded. Judge Abel,
suspicious that this was not true, sent to the re-
corder Of conveyances, and there it was discoy
cred that Kelly did not own dollars worth of
real estate in the city. The judge ordered him to be
put under arrest, and having sent for Attorney
Belden, in very severe terms rehuked him for
bringing before the court such a person for bail,
expressing the conviction that Belden knew the
man had no property, and knew he was swearing
to lie. Previous to this denunciation of the con
duct of Belden, Kelly had stated that before COM
ing into court he had informed Beden that he
owned no property whatever, but that
Belden replied that made no difference
'he had made it all right with the judge
and district attorney" the district attor-
ney at that time being MIR. Fuller. All this Beden
denied, and insisted that he was ignorant of the
poverty of Kelly. Notwithstanding this disclaimer,
the Judge persisted in declaring his conviction that
Belden was knowingly party to the attempted
fraud upon the court, and yesterday, in passing
sentence upon Kelly, fixed the punishment at the
least term of Imprisonment allowed by law, be-
| c. I
acted in the matter as the instrument and dupe of
an artful knaye.
No prosecution has been instituted against Bel
den for suborning the peruryin the case of Kelly,
but bill of Indictment is pending against him, in
which he is charged with an ofense similar to that
of Kelly. 1t is alleged that on the 9th of March
last, in order to be admitted as bail for one
Michael O'Connor, Belden swore before Recorder
yeunard that he was worth ten thousand dollars,
over and above his debts; that he was the owner
of a large brick house on the r,of Magazine
and Race streets, and also owned real estate on
Second street; and it is further averred that eacl
| and all of these statements were false.
The history of this case is a curious illustration
of the way in which law is administered. The
Judge of a court sees before him an ignoran
4 knave, and expresses unequiyocaly and boldly
1 his COnVcIOu Iudt lSnOl u
ment of an unscrupulous attorney-in othel
words, that the attorney has induced and subornet
the perjury committed-yet the law officer 0
the State at the time does not fit to indict thi
man for his participation in the crime. While th
ignorant instrument is swiftly punished, th
lawyer, who, according to the convictions of th
court begot the crime, is allowed to walk abou
the streets without having ever been arraigne'
for his part in the ot1ense.
Paul Crane, negro, was sentenced to imprison
: ment for one day.
In the First District Court, yesterday, Emanue
Dennis colored, convicted of larceny, wa
, sentenced to two years at hard labor in the pen
tentiary.
G. White, indicted for robbery, having, by per
e mission of the court, pleaded guilty of larceny
n was sentenced to three months Imprisonment
4 the parish prison.
y David McLeman, convicted of larceny, Wa
/ sentenced to five days imprisonment in the paris
= prison.