The New York herald., 1866-02-24
The MURDER OF POLICEMAN DvRYEA.

imprisonment for Life-Heavy Sen.
tences for Assaults upon Policemen-A
Notorious shoplifter Sent to the state
| Prison, &C., sc.
COURT OF GENERAL SESSIONS.
Before Judge Russell
At the opening Of the yesterday morning the
City Judge proceeded charge the jury in the of
John Cah whose trial for tho alleged shooting Of officer
Duryea has occupied the whole Of the week His Honor
after defining the proceeded to give synopsis of the
testimony applicable to IT, In speaking Of tho testimony
OF Thomas and Owen Hart the Court said they admitted
that they OF infamous character and not
entitled to full credit unless they corroboted by
the facts and circumstances of the by other
nesses but tho jury had the power to believe them
they thought that they told the truth The jury might
view the Harts and Crgan in the light OF accompces
as accessories after the fact In conclusion the Judge
said that they had an important and unpleasant duty
PERFORM and whilst they had charge interests
the prisoner at the bar they had also the the
people OF the State of New York in their custody.
While the jury out counsel for the prisoner asked
the Court to note exception to its refusal to charge
specifically upon tho points he presented, whereupon
the Judge directed the senographer to excep
ton to the charge the part of the counsel All the
points have been charged except the charge
of the Court has affected them.
SENTENCE or cAuIIL-NTEREsrIyG REMARKS
TRIcT ATTORNEY AND COURT
Alter bcing absent nearly hours the returned
with verdict OF guilty OF murder In the second degree
Mr.. Hall moved for sentence.
Counsel for the prisoner asked to have the sentence
postponed IN order that he might consult with tho
fri nds of the prisoner to whether he would appeal
the case or let stand as 1t was and urged as another
raason for remandng the prisoner that there
tain mitigating circumstances which he desired pre-
sent before sentence passed.
District Attorney Hall said-r the Court please this is
matter OF entirely within the discretion of the
Court though usually when the District Attorney
for judgment the Court acts the mot on. In the
m lint inct do onHa ad
that very severe example should be made in certain
kinds of eases There is right the prisoner will lose
by sentence on the contrary, he Can take step to-
wards appeal until sentence has been had Probably in
view Of tho law the verdict in this case is more in
afcnrdance with cerain parts Of the law and certain
ideas than II had been for tho first degree Of murder
The jury undoubtedly have supposed that he shot the
% in III h M Gchnrv 10 hs "t " 'hon y" caS,oay
med taed design to eNeci his death am not prepared
to say but that the sen'encc under snch convton
this Is actually wcighv than where a man is
convicted ~ murdc In the first degree and sentenced TO
be hung, stay proceedings had and months roll by
without the community seeing any example made until
the actually becomes stale and Is sometimes forgot
And since the appeal Is made me. that
feel it nv drfy whenever can carry the old doc
that laid down in Blackstone to do So that the
object Of punishment Is 10 deter By example IL s
so ,nuca the weight punishment MS its rtainy and
swirhess that has the effect and gives it that example
If sny public urvae apology be needed my friend
find IL in tho desire to obey that phase Of the law
under IT,
Counsel for the prisoner his notion and was
replied TO as follows by Mr Ila:-The moral effect
rights in OF this kind: and if your Honor is per
snadcd that the PRISONER cannot he prejudiced then
ask that You accede 10 motion AMI such sentence
you ADVISED Of Ycn know all the facts and II Is
70 be presumed the gentleman has laid before the
and jury all the facts that he possessed Of and have
laid before the court and Jury all tho acs that am pos
sessed Of or that care to Law hcorc The court at this
time; and therefore your Honor has rcrfec, under
standing Of tho matter And rs for the intimatOn
OF the gentleman that BY waiting few days II may
be that he Will not appeal whether he appeals
not: II Is nothing to me. ] am satisfied with this
never yet been overrnled by the Court OF Appeals and
many Of your murder cases have been carried up n
was OF course not made in the nature Of but
rather as an ntmaton for the convenience of the Court
and the stfict Attorney bu. will take all the risk of
aprrnls, whether inado bv the gentleman or by the
friends by the friends without the gcntcmans
currence or by The gentleman without the friends
curr"nco II seems IN cminen:Iy lust and proper
that In this country as in England there should be
prompt administration of criminal Ius,icc whenever wo
eau do Men cannot be sentenced 10 be hung the
spot In this State nnortuna ely little prcmnarcs
OF making shers warrants and things OF that kind have
10 be- done How often We read in the English papers,
upon tho verdict coming in the judge assumed
the black cap and immediately began TO sen
,.oce" wha, an effect has that upon the au
dience and upon the public Bnt when the
gentleman says hc does not wish any prejudice to
TO the srci Attorney not WIN, prejudice comes
to me If cared for thai, would not hold this Office
" do care for the pref dice that u the Of
pubic justice and believe tla, public justice Is hest
mani niainad iia, country which follows punishment
swif the heels of conviction whether be for petty
larceny or for mnrd r.
The counsel contended that postponemcnt should be
granted.
Mr.. Hall rcpicd-I did not answer the gcn,lcmnn's
arg meni on the point of mitigation for IL did ap
pear possible 10 me that after jury Of the city Of New
York, so Intelligent so unusually intelligent II ]
may be allowed the expression, cs said that
john cahil, the prisoner at me bar. shot an
olicer-found that fart--wiilc in the dHcharg, of
hhs duty, tina. thHrc could possibly be any mu-
gating CIR INSTANCES. This matter Of shooting at
policemen has become Of frequent occurrence that
~ behalf Of my clients the people of the State of New
knows do press for sentence hi yory morpn1 yon
have sentenced Henry Kelly the spot upon a plea Of
guilty OF aanliihg an officer to live years imprisonment
IN The state Prison. and Philip Brown who was con
vced Of assault and battery upon police officer; and If
upon your Honor the pressure brought, bear
that was brought ia bear upon by pol tcans and by
ciiiznis who were not pol cans hcn sympithize with
you; but whether II brought bear or not your
Honor responded heartily the demand OF nv clients
and you sent that for that assault upon |
the police officer 10 the State Prison for i've
yrars and here while this iury has ben on, We are
engaged in trying another of these eases of assaut
upon policemen. And what they but inchotte |
a,iampts. such John Cahill, by the verdict |
OF this jury perfected. Any mitigating circumstances
under verdict like this? cannot bclicve IL possible
and therefore thus reply to that part Of the gcnlemans
argument In respect to the dramatic effect spoken
Of by the gentleman, there dramatic enrct when a |
man Is hung bat the law does not hang him for the
sake of the dramatic effect the law hangs him for the
sake OF example, and " the example has dramatic
effect so much the better. II swim sentence in the
presehve vi we prisoner associates has dramatic elect
Nd much the better II Is the dramatic effect example,
ai have cited from blackstone, that the aims a IN
ths certainty Of punishment And therefore, with v=ry
great respect TO your Honors discretion, must he un
derstood pressing this motion here pressed
IN ihe Court OF oyer and Termner IN somewhat smi-
lar 'sse, In the hope that will meet with a similar
grantal.
RSMARKs VT JrpTE
The Judge said II cannot how this prisoner can
W prJudiced by having the sentence pronounced nt /
once, and cannot any mitigating circumstances
he case has been fully developed II IL true he offered
~,nrc oe.nrc OF his good character if that Il what you
- az q Is unnecessary. The jury have rendered
,s,s @ y, satx q murder in the second degree
,onrsr s S ,a = w he Jury that u was clear OF
niuu'ii ~ oi'af was M into court
They took mercifal view Il the ease. and conyIced
,n,,,a. A., d. ..a,s , " NJ NJ - statute which ~
all the leniency that will be extended TO So, a.. ,,a
court. The crime of a., aung and shooting ors.er -
Very frequent and the District Attorney corrrctt ~
marked 10 day have disposed Of cles ~ a-saul,
upon officers and imposed the heaviest sentence Thai the
las permitted There Is a also trial OF n similar
character, and in all this class Of IL my intention
To protect cvcry officer In the legal discharge uf h duty
and any Interference with an officer or an assault upon