New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-08-11
TIE USU4RE CASES.

TWO BhOkbho obNI ~ VlIt IhloONs
In the Court of Oyer and Terminer. yester-
day. number OF brokers' arrested few weeks ago on
charge of having exaced usurous interest on loans were
brought before Mr. Justice Cardozo for sentence Tho
Courtroom was well filed with bankers, brokers. and
prominent members OF the bar and great interest ~a
manifested on all sdes 10 the sentences Judge Cardozo
would impose John Graham ESQ., one OF the counseifor
the defense delivered able argument nVhich he TOOK
grounds that the statute obsolete in this particular
case inasmuch Tho Law hxng the crime OF usury had
lain dormant for period Of 80 years and that the ndcE
ments on their face did forth the crime OF usury
.sPhe agreement makes the usury" He said that ths
prisoners indicted had voluntarily given themselves up
5h s tns lava and R desrenco
be hoped the punshmeH would DC Of nature
who plead in mitigation OF the sentence. iqs $780,,
The following Is Judge CardoEos opinion NY views
have been slightly modified by the Remarked Of the learned
c6oTseI for the defendants, though differ in some
respects from the viewswhch be has presented 70 NE
aays ysh n that S were not Of
Gus character have only 70 say thai he oHehse sanas
confessed BY plea OF he nave SEs aas1 sus
aested as q I p think 7 are entitled TO any
weight Including the sS ss by tn the t Grand
Jury in this County, upon this subject ana that tnus
some extent offenders against a 9s by violated with i'm
punity But while this may mitigate u does not e&euso
The crime Ihaye no right 70 say taa an % ves
looked while the Legislature though several times 10
voked have refusedto repeal the statute ana nave %
saFed o important aud serious that u IA enJoned ~
duty upon every Judge presiding at Court Of oyer aud
sfh a c1p%mssio5 nv truth a. violation Of thus
statute like anything else which the Law denomnates
a crime should be made odous. Either an act should
not be legally crime else it should be treated as saeh
These views together with the great wch was near
being accomplished oy te recent CO
bankruptcy very many commercia houses anu EeN'
distress to the great massss o. tns H tbo heSi
enng of the Grand Jury TO the Oh
ana 70 seys sSas While they may be very mild n my
duty to impose such sentences. DISCRIMINATING Oh
| according 10 the information which have oateIup{
endeavOred 10 acquire 10 the circumstances Oh eac
case before me- will operate as an admohltion ssns
future ofenses OF this description In other WORDS On
TINS occasion, just but only MID seale 90 y -
the same time differing from the estimate Ol INC
h mai nepsons Of the position Of the defendants have
immunity from punlShment Wneh tnJ3 ~. SoiIows
| law Under these Views, have concluded as lOho"s'
| aud such is the sentence OF the Court; ,,. 49,, "a.
Edward r. Jones the first to plead guilty ana DIS
example doubtless Influenced most OF the others thus
saving much public time, labor and expense IN nns 90 ~
$3.50 will be sufficient Vndicaton OF the law IN NE
David NJ Morrison and George Phillips followed Inn
speedily with pleas OF guilty, and am Sn .,
fhey are not gross offenders against the law hne Vi
Enamel Knight came voluntarily into court and sur
rendered himself before the warrant for his arrest vas
he placed in tile same with those pre-
! yously mentioned, except that understand that his
transactions have been much greater ana MS haO mOre
| inverate. A fine of $500 is imposed upon him. 49,.
Russell Sage among the last to plead guilty ana
|
that there were large number OF charges on when inc
evidence was perfectly plain eDd conclusive ana thAs
there is good reason 20 believe him 70 have been con
neced with the combination 20 lock up money when
have mentioned think and such Is the sentence that
In addition fine Of $780, he mustbe Imprisoned IN the
! City Prison for five days. 90, -,
The same remarks apply 10 some extent TO Reuben W
Howes who although but one indictment out OF great
number charges fully susceptible OF proof has Deen
found against him. while there has been two against DIS
partner Charles A. Macy appears to have taken more
active part in such transactions than his partner
although am not informed that he has been instru.
mental In the combination 70 lock up money. nne u
| $500 is imposed on him.
| Charles A. Macy is fined 800 each indictment.
George Watts's differs what from all the rest
He was among the last withdraw his plea OF not guilty.
and learn that he assumed defiant air when The ON
Ger went 10 arrest him. telling him. based upon what no
supposed to Dc technical errors that he executed Inc
| warrant 10 would be at his peril Mr.. Watts,
learn belongs 20 a wealthy aud influential family but
| n relying upon that circumstance he supposed
that he could occupy any position before the Court d
ferent from OF humbest individual he was GER
tanly IN error and he and Others through him, must Dc
taught that ali the before te the law and that
10 the law the highest and the lowest must submit aud
that the Judge who should distinguish in favor OF wealth
ana position in the administration Of justice, awarding
different sentence TO thus favored, from what no
would visit upon the lowest person arTagned for stint
lar crime would bring disgrace upon the Bench: line
sentence In his ease therefore h that he be nned $3.50
and imprisoned the City Prison for 10 days In each
case the defendant will stand committed until the line
| maid