The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-11

4 very undesirable position to OCCUPY. ana thu
fact should DO enunciated by che mouth or q jury
ton where the risk attending their calling would not
be great as 1t would be II they to be shot At
'' About twenty minutes TO eleven O'Clock Judge
Barnard came into court and announced that he
had been informed that tue jury had not agreed ana
probably would not agree tonight. lie then d.
rected that the court be kept omen until ten O'Clock
this morning, at which time he would receive their
verdict II they had agreed, and they had met
would remand them until such time Us they would
agree. Quite number OF persons VINO had been
listening around the court all day then left, and
Judge Barnard ordered the doors closed, and that
the police about twenty members or which force
were present on duty, be brought INTO court
versng with some friends, and the buzz OF CONVEX
sation among the audience was renewed.
shortly entered and took their seats, and AZ
the roll was called each juror responded
rise 70 ms and name he Court and Jury also rose 70
their feet and the Clerk, Mr.. vandeyoort, said
dentlemen Of the jury. how say your DO you IND
The f0reman-Guilty, with RECOMMENDATION 70
mercy.
circumstances of this case the court pronounce judy
Mr. Stuart made an eloquent appeal for post
ponement Of sentence, urging the poverty OF his
client and his probable chance OF successful
appeal. .st
! am exceedingly willing at all times to Obge yOu
and your associate counsel this case but In conse
course have no iauit TO find, think your client
has Jared much better than he had any rea-
son to expect The imposition OF the sentence
tonight would make no particular dtneronce
to the prisoner, because it has to come ~
some time, either now or on some other occasion.
and the object OF the imposition Of the sentence Ii
to convince the lawess people IN New York that the
courts are IN earnest to prevent the commission or
CRIME and the only way tO do that Is to show that
the conviction speedily follows the offence. Enter
tanning those views am compelled very reluctantly
to 0verrule your motion.
Mr.. vandervoort, the Clerk OF the court then do
manded OF the prisoner II he had anything to say
why sentence should not be passed upon him
The prisoner said, 81 have nothing -"
HIS counsel, interruptng, moved an arrest OF
Judgment
Judge Bernard denied the motion.
The prisoner was then bid 10 stand up for SEN
tence.
Mr.. Justice Banard-Real, the jury nave found
you guilty Of the crime Of murder, with recon-
mendatiOn to mercy. With thai recommendation
have nothing to do. 1t 10 to be addressed to my su-
peri0r Oficer-the Governor OF the State OF New
York. 1t Is very likely that the Governor, who has
the power to entertain that application, may do 50,
So far as ! am aware, every Governor, except
has almost invariably listened to such .
| recommendation from the jury. So In your
case so far as see entertain not doubt, see not
the slightest chance for your innocence. 1t 10 my
| duty now to pass the sentence which the law re-
| CURES, which Is that you be taken hence to the
| jail from whence you came and be there confined
until the second day of April next ensuing and that
on that day, between the hours OF nine and eleven
In the morning you be hanged by the neck until you
are dead.
The warrant of execution was read to the prisoner
| and he was then taken from the court, the doors
being closed 10 prevent the crowd following. The
jurors were next permitted to leave, and In snort
| time afterward the large audience Withdrew.