The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-09
THE CASE OF HOWARD.
Sentence Of John Howard, Jointly Indicted
with William Varley, alias "Reddy, tho
Blacksmith for Robbery.-.Remarks Of
Judge Bedford and District Attorney
Hutchings--.Letter from the Mayor of
Boston...I Interesting Statements.
COURT Of GENERAL SESSIONS.


The court room OF General Sessions was crowded
this morning, the intmation having been given that
Judge Bedford would sentence Howard, who was
jointly Indicted with the notorious freddy the
Blacksmith" for bold robbery perpetrated at Q
saloon in Chatham square.
JUDGE BEDFORDs ADDRESS TO THE PRISONER.
The Clerk called Howard to the bar, and City
judge Bedford addressed him az foiiows:-
Howard-You were JOINTLY Indicted with Thomas
Brennan and william Variety alias Freddy the
Blacksmith" for robbery the first degree alleged
to have been perpetrated In the drinking saloon Of
the said Varey at No. Chatham street, In this city.
Thomas Brennan was placed upon trial and the Jury
promptly convicted him OF the charge. After con-
vchon the District Attorney informed me that Bren-
nan was notorious thief and the associate OF cut
tnroats and an ex-convct therefore deemed II q
duty which owed to the community 60 mete out q
severe penalty& the hope that 1t might prove a,
warning 70 similar characters. therefore en'enced
him to the state Prison. Tor The term OF fifteen
years. The District Attorney then called the case
Of William Marley, alias 'Reddy. the BacKsmith.o
The people were ready ana anxious for trial. hut
Varley for reasons best known TO himself fed the
city, The bail was immediately forfeited and bench.
warrant issued for his arrest The District Attorney,
through his assistant Mr.. Hutchings, with the full
determination TO do his duty In this case, then placed
you on Trial on the iot day OF last June. the Jury,
after hearing the evidence, convicted you Of robbery
IN the irst degree with recommendation 10 mercy.
Upon the rendition of this verdict remanded you
for sentence, stating ut the time mad reason to be-
lieve that an attempt nad been made to put you in
the position OF scapegoat and that 1t would be mon
strOusly unjust To send you to the State Prison
oT 0ng Shower se we oef w nom tine
IS still at large Upon the trial you testified
in your own behalf, thereby rendering yourself
liable to cross-eXamination. But the District At
tOrney, with all his ability and energy, failed TO
elicit anything against you, and was unable to CALI
any one to prove that your antecedents were bad.
remanded you for sentence, IN order, for my own
satisfaction 1.-THE jury having recommended you to
mercyl to ascertain through my officers what your
past lie had been. now learn from them that as
far as the city of New York is concerned and as far
as they have been able to ascertain that you are an
q
profession, and was never arrested In this city; all
this you yourself testified to on the trial The story
you were sailor and had followed the sea ever since
you were fifteen years OF age that you were on q
frollc on the night III question: and that 1t was
your misfortune and not your crime to be at VAR
ley's during the trouble and that you mad nothing
whatever to do with the robbery. / believe, How
ard, that you were under the inAneNce Of liquor at
The time and that you saw fight going on, and,
sailorlike "pitched ln;' but do not believe that
you were aware OF the TACT that man was heing
robbed, and do not believe that you ever received
single dollar of the proceeds Of the robbery II the
punishment was in my discretion l would use q
broad one but the statute makes It imperative upon
me to send you to the state Prison for a term not
less than five more than twenty years. ann
TO the State Prison for the term OF five years-the
lowest known to the statute-Dut shall bleeding the
suggestion Of the jury, who recommended you TO
mercy and also with the concurrence OF the District
Attorney lntercede with the Governor for your par
don, simply because, considering all the clrcum-
stances, deem 1t my bounden duty to do so.
REMARKS OF ASSISTANT DISTRICT ATTORNEY HUTCH
Mr. Hutchings then rose and said:--I deem
It my duty to state that concur entirely in
the remarks 1 which y, have been made by your
the law requires is that the guilty should be pun
shed, not that innocent men should suffer for the
deeds Of the guilty for the purpose OF satisfying pub
lie clamor. had such serious doubts OF the guilt Of
Howard that, IN the language OF certain evening
paper in this city, presented the more TO the
jury as Judge than an advocate which article was
headed intending to be ironicai, "a model prose-
cutting officer" The Jury, however, found him
guilty, but recommended him to mercy. The verdict
itself showed the doubts the jury had Of the guilt Of
Howard, for cannot believe that If they were Ger
tain Of his guilt they would have recommended him
to mercy. The proper course Tor them would have
Deen, Y they had doubts Of his guilt to have ac-
the antecedents Of the prisoner he being unknown
that his story was truevz, that he was sailor and
that he had been on shore only few days. II the
testified, anssatsfed that Howard had no part in
the transaction: hold In my hand letter, which
%a1 TO e ns sI OF s S
was sailor, but his father was respectable mer-
chant in the city Of Boston which is corroborated
read the following
LITTER IN Favor OF the rRIsoNRR PROM THE MAYOR
This is to certify tina, John Howard of this CITY, has the
reputation with those who him, Of being honest
WV '''' '''' ''' NATHAN B. sHuRrLIF, Mayor.
Mr.. Hutchngs contnued-This letter shows that
your Honor Is corroborated in your opinion by this
Official Of the city of Boston, who is well acquainted
with his father. would also state that shah Join
IN the application to the Governor for the pardon
OF this young man, and your Honor can make an
order to keep him In the City Prison and not "a
send him 10 the State Prison, you having performed
the duty which the law requires of you, until tnat
petition Is presented to the Governor.
Judge BedfOrd-Let such an order be entered,
Mr.. Hutchings-I deem It my duty to move for the
discharge OF q young man named Smith, also in
dicted with Howard, and who Is also sailor. had
n fhpu
did not believe that he (Smith) had any part in the
transaction. In fact Graham, the complainant, on
bOt trias-the TRIAL OF Brennan and that Of Howard
never implicated Smith as having part In the rob-
berry. 1t ID fact that he was in the saloon at the
tlme but Graham did not testify that he touched his
person, or had anything to do with the robbery.
Judge Bedford suggested that q nolle pyOseQH be \