New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-02
CIVIL COURTS.
ren gTATEs CIRCUIT COURT.
POsTBDSEMKHT OF A TRIAL-SENTEHCB OF COU
TERFErTTRs-sPEECH OF BRoCKwAY-SrERCH

indostaent for making counterfeit fractional % cent
BrOckWsy case found at Mount Vernon.
ment q the trial on ground Of the serious illness OF
material witness for the defense and produced ana READ
Thu Court doubled tac Of defendants bail and
granted the motion, the trial being postponed until the
given before Commissioner stwell, and the defendant
departed with several Of his eoloTed friends. ...oo
TX Recorder Smith then spoke in MITIGATION o. sentence
In the Of Freeman COgston, one OF the alleged CON
The Court then directed Coeston to stand up told
him that from remarks Of the District Attorney Marshal
Murray and Others and from what the Court hadseen
OF the case satisfied tha the Cogtonl had, proba-
bly,. strictly speaking, no guilty knowledge Cngston was
then released his recOgnance OF $50 the Court
warning him that il caught again in such transaction,
he would he liable to the extreme penalty Of the law
thing TO say why sentence should be passed upon
him lie said he expected nothing but the sGyerest pen
atty OF the law, but would Ike To say s9mehhg ABOUT
TIE manner in which certain men mad pursued h
said ne had made mainly TO show the motives OF certain
officials pushing his conviction they being afraid that
him saying Brockway, you have after far
trial. convicted of the oense of making counterfeit
money OF your guilt there is not the shadow OF dOubt
OF the precise relation in which you stood to the enter
prise we may not be exactly informed. Upon the ev-
dence appeared your trial. you were the prlncl
pahe owner of the plates presses paper ana Iuhs anu
the premises though You escaped either through your
agility through the caTeessnes connvanee OF those
seizure of your establishment at Mount Vernon was
brought about by persons who are no better probably
than you. Hickey, Clark, and Spike, who conspred
against you for purposes Of plumber were not officers OF
the Government far as know. They evidently had
some knowledge of you and your BUSINESS ana thOught
to betray for their own private gain But that does
nefarious and fraudulent business by means 9t WHen
honest people TO be cheated for your benefit You
prominent, not the principal actor in this WORK
of fraud and forgery The crime which you committed
aggravated one. series OF similar odenses has
rency, by which others have been swndled-d1ten the
poor out Of their hard earnings There are no paliang
upon this business and drew your young half
brother into it, That you found ready and willing
tfalar in fla old
not diminish your ofense. Even If you were
better S 5cG and entered s with full
edge OF its guilty character and the consequences
which must follow detection If you were to be
dealt with as Others have been under the
stances 1t is true that you were taken INTO the employ
of the Government, after your crime became known, as
an assistant to the officers for alleged purpose of aid
letters and from some facts disclosed on trial. infer
that those who employed you gave you encouragement
to believe that You would not be punished Col Wood
who he has charge OF the detective service OF the
Treasury Department states that he authorized EN-
ployment, with full knowledge of your crime. What
promises he made you II any, does NOT appear nor rs
il material here Your connection with the service was
long after commission of the ofense for which yog1
have been convicted The United states Attorney Ihd
your before the Grand Jury. They indicted You,
o So pesegted himself IN court sat by Your
sell and apparently aided in your defense, While the
We have thus had the unseemy spectacle before this
Court OF an officer the Treasury Department encourag
ing officers were presenting proofs Of his guilt This fact
will not induce TO moderate your sentence If prom
those who made them TO redeem them. The Govern
men by the regular officer appointed to conduct all prose
cutOns this District has presented your case 10 the
jury, and they have found you guilty 1t Is my duty to
pronounce the sentence of the law, and to nie such
punishment the facts proved warrant The fact mat
you have been in the employ Of agentsof the Treasury
change my duty There is no law which exeInpts
employs Of the Government from punishment
any other person, except the President
power of pardon No one has authority TO regulate
by promises feons the cemency Of this Court SO far
as the prosecution punishment Of offenders depends
upon executive officers Of the Government, this Court
Se 20 ee W %G the duty Informing
the Court Of official action that may have been taken
by such officers, which requires judicial notice. have
explained this matter at length that there may be no
mistake he@F Z only remains ydn for me to
one IT my duty 10 nfict severe sentence The iudg
and kent at hard labor in the PeniteniSry at Abany in
the State NewYcr for the term Of 10 years and pay
Jonas Atkinson one Of BrCckways confederates, who
saws he 10 yeGts OF and whose wife testhled she
statement Of Brockway IN reference to MN lAttnsop
I'D yisinc tbe EMPLOYMENT Of ClOgston and san ~, ne
quareled with BrSskway because Blockway desired to
much valuable information and had supposed he would
The Court said IL Z my painful duty TO pronounce me
sentence Of the law Your counsel has feelngy Appealed
in your behalf He has asked me to temper Justice
with mercy; and knows better than he does that in
justice in this Court have never inclined
appeared, have lent willing when asked TO moder-
ate punishment Here there are no mitigating, but only
the law was intended for extreme cases. 1 con |
slider your case extreme in every respect IN which
Ofense Your wife may think herself fortunate that she
has escaped the fate to which you are about TO be con-
signed Your children, according TO the common course
Of events could receive and from you but little longer
form any hope OF your repentance that hope
will not De diminished by cOnsgning you 10 prison where
vol VIII have abundant opportunities for serious reec
ton. Society has right TO be protected against you,
that end the judgment and sentence Of this Court
is that you be imprisoned and Kept at haId labor IN the
Albany IN the state OF NewNOrk for the
term Of ~ years and pay to the United States line Of H.
UNITED STATES DISTRICT CouRr-Beioro Judge
BLATCIIFoRD.
RAID on THE OBSERVATION-DISCLOSURES sToPPAGE OF
THEIR BUSINESS
By order of Isaac L. MessmOre, Deputy Commits
soner OF Revenue, the dfsteries mentioned be
Revenue Law proceedings have been commenced for
their forfeiture in the District Court of the United states
East Thirteenths; No. 335 East Twenty seyenth-st;
Thrtieth-st and Frst-aye No Abattorplace; No 1873
East -fftht No 359 Seventhave. Nos. 800 and
3o7 Avenue A; Fortieth-st second.ave5 foot OF
dstillery Of James Barker in Seventeenth No 50 Mon
roest; Forty ninthst between Ninth ana Tenthayes;
distllery of j. H. Stner in SeYenteenthst No 23 Eliza
Seth,st; No is East Eghtysixthst No 7s orchsrd-st
Fiity-hfth between Tenth ana EleVen'na'es' NO 00'
The motions issued against these various distleres
are on e 3 }of cay 70, a nt in Ser Claims
voluntarily or invcluntarly nearly every dislery in
the city has stopped running
BANKRUPTCY BRANCH.
In re- the application Of james Whitney and Alfred Wtiney to
have James Black asd WIN Secor declared bsnktupis |
This was a motion by counsel for MessTs. Black a.
for the applicants Whitney 10 show why
injunction should not issue restraining them from further
proceedings in the matter.
The motion denied the Court adjudging the moving
parties TO De bankrupts, and directing the Marshal 10
take possession of Their property.
PETITIONERS BANKRUPTCY.
Petitions I'm bankruptcy filed by James Forsyth,
Isaac Miller and James A. Rhodes, all OF this city
SUPREME COURT IRcUIr.-Before Mr. Justice
MILLER.
THE LAST CASE OF THE TERM-AN ABSENT DEFEND |