The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-07-11

CRIMINAL CouRr-Judgc Wwie.-This court
transacted the following business yesterday {:
DISCHARGED.
Eigncr, assault and battery with intent to
kin; Elizabeth johnson, Keeping a bawdy
housei Junius J. Boyle, assault with intent to
John O'Neal, assault and battery with intent
to kill, held under recognizance, were dis
charged upon the Recommendation OF the grand
jury.
John Talbot, William johnson, John Pat
sey, and William Rawlings, charged with riot
Sunday In June, on Fourteenth street, be-
tween W and u streets. This was an ARRAY In
which some colored boys were ongaged-ono
party SELLING and emptying the pockets OF the
John d. Preston, horse stealing, the horse
stolen being the property OF the United States.
| The defence claimed that the prisoner in
taking the horse and selling 1t, did so under
INSTRUCTION from his sergeantj that the horse
| the prisoner a soldier, the case was not within
the Jurisdiction of civil courts, being cxciu.
eively equitable by eourt-martlal; and, also,
eneS so h
belong Ing to the United States, the sale OF sue
horse would not be larceny. but breach oftrust
merely.
The court charged the jury that there was
nothing on the point relative to the juris-
| diction Of .courts-martial, for civil courts
never yielded to the Jurisdiction Of military
was there anything in the other point rs to
the taking being n breach of trust merely
the prisoner took the horse and sold
whether the jury believed the evidence. The
jury returned verdict Of guilty.
| The court: Have you anything to say why
| the sentence should not be pronounced against
| yout
The prisoner; Nothing more than am con
yicted by government swindlcrs-Ill prove
It,. You may sentence me now. I've never
| said anything about II before, but now am
convicted III tell on the whole of them-gOv
eminent swindlers.
| you be confined In the penitentiary at Albany
at hard labor, for three years.
Jas. Jones, stealing box OF cigars, worth
$3.50, from Mrs. Howe's store, on Fourteenth
| street, near Rhode Island avenue. He was
convicted; Judge Wylie, saying that he was
determined to show no mercy to those thieves
who daily deprecated on the stores of the city
and regretting that there was no place OF pun.
| ishmeAt where the lad could be put to work,
sent him to jail for one year.
| Joseph Smith, stealing clothing, towels, nap
| kins, &C., belonging to Augustus Jordan, from
his house, on / street between Fourth and
Fifth streets, In February list. The clothes
were stolen from the clothc s-line, to which
| they had been frozen on cold winters night
| 1t was proved that goods Of the same kind
witnesses on tho night Of the theft, and in a
all except one Shirt and this shirt was after
| wards identitied Ms the property of Mr. Jor.
dan, but the rest OF the goods have never been
The jury found the accused guilty. Tho
Court asked the District Attorney to produce
| the statute upon which he relied on In asking
| q sentence to the penltentiary for petit lar
ceny on proof that this case was second of
| fence.
Mr.. Darlington read the statute. but Mr.
| Brown insisted that the new statute by whicl
| AFtlnlRa "a
| made petit larceny repealed the statute quoted
/ by Mr.. Darlington.
The Court said that It would give the latter
statute no greater latitude as a. repeating stat
ute than Its words required. The manner in
which the statute was passed altering the
prising. No consultation with the judiciary
Of the District was had; no exam nation seems
to be made as to the effect of a statute upon
trarlly fixes the limit Of petit larceny at *35,
aruIe different from that Of any state in the
Union, or any country on the globe: AZ it is
thsy the night Rsrs ap 70 that
| amount almost with impunity; for six months
Of idleness n the public jail, while burden
lie had been told that the practised thieves OF
| the city SO managed their robberies as never
to let them exceed $3.50. LLaughtor,l Ip-
tho SeSs so%e& seha thavs.
| to the penitentiary where they aight be kept
| at work and learn q trade, the Court here was
| cOWpelleu 10 benu them TO jail, Wnere one old
thief met another, and they were left at leisure
| to plot new depredations on society. To send
| green criminal TO spend term In jail was
but to insure that he would come out ma
tured offender. He repeated that he would
give the statute no more latitude In favor Of
thieves than Its plain intent required. At the
| request of Mr. Brown the sentence was de-
ferred
| Maria Lane, receiving the goods stolen by
Joseph smith, ust convicted. She was found
guilty, and sentenced to pay double the value
of the goods stolen and sl fine, and be commit
ted to Jail until the amount Is paid.
In the second case against the same noLc
pros. was entered.
Sarah Jones, petit larceny of he'd clothing
from George Il. Boss. She plead guilty, and
was sent to jail for three months.
Jos. Black, petit larceny Of six hundred bill
lard checks, worth 400, belonging to W. W.
Levey. He was found guilty and sent to Jail
for six months.
Thomas Talbcrt, assault on Jeremiah Jack.
son; n0He pros.
James q, Smith, stealing a horse aud saddle
from John Doyle. He plead guilty, and was
sentenced to the penitentiaFy for two years.
Henry Wheeler, burglary In entering the
house OF Mr.. James NJ, Blanchard Oh the 10th
of June last. Darlington, T., Il. Price. The
evidence showed that the prisoner was found
on roof In the rear OF the house, and tn at,
although 1t was = late hour, the house had not
been closed for the night.
Mr.. Price argued the case with great In.
genuity and force, contending that the testi-
mony had not rendered 1t certain that the ac-
cused opened n door in any portion OF MIR.
Blanchard's house, or had burglarlously en-