New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-08-18
THE COURTS.
THE UsURY CASES.


hearing having been suspended the last
oasion before 1t had been recorded DstrlctAnorney
Garyn appeared for the prosecution. Mr. sage was
represented by Francis N Bangs as me counsel SG IN
Court when the oyer and Termner was opened al A4a
o'clock, Mr. Bangs said: Nh, =. -, a, A..
Cont founded pon the Indictment and plea ana also upon an 'Rs
stating the Application reading the AFFIDAVIT desire 70 cal
the attention several rules Of Law prescribed partly R
a,o1e sGS @ S ba FAMED l. By IL Revised Statutes p T5
nget upon conviction shall be rendered in any Court Il shs De
sHS besy che osssse for which have been had
- vel settled pa OosIs 81 IR Il h pToSeap5 ,ps before
5o sg S ~ Bts - Isss Miller at FinE Par.
lers Criminal Reports 5s where this Tqe stated IN the words
IN Kig Price g BAs Rep s7 The defendants. had been con;
@ s B ' Sses Judgment which Lord KieS5oroasS
ievS he soSe a. spV time during the same te) and passed
different sentence The correctness Of such aece was also recognized
s. 4 sctsd other Chitys CT Law M
sury judgment pronounced and the accused
ofibs Court dg o t6s Court to Inspect that nt
form o. The Application on A sags part viii be determined by its
stands The eItU it erroneous His understanding was
osy pronounced sentence 81 us ana imprisonment So much
proceedings reached the public through the medium Of the Press but
any sHiry upon and Adjournment Of the
bodied q fact relation himself and his conduct and your
9ds9, l1 to-day and h9 leave b beard ssI IN SO
ysars bat had been actually
and entered and soa ooSr ssa then Tsy0it ss
penalty for the oae9 would rot have been nseenon
sSd entered and not revoked, SIN within hs Judges
powef G 5sy 70 ,Sbe Tie secud 70 move Tor
.oSaG9 o. taf saS b refused 70 the sIBs and most
worthless member the community still e,s would be refused %
oOmmuy honorable PeGOn which he
n S ..u4s IT. S s S receive Si and s
STs. Ss S ,. s,Ssn S GST n ' S S 'TT ss 90
mitigation bar ossnnee sentence o. sne and was
sentence as directed Imprisonment s9a II either ysH S hand Up or
q facts from that Which The Court ,ygPosd 70 s This ssaa has
The Court Inquired If the DstrictAttOrney denied tho
power Of the Court to the sentence cOnended
for by counsel for the accused The DstriotAtOrnoy
said there was no question in regard the power of the
Court 10 grant revocation Of judgment when made by
its power was as old as the Court itself had
been questioned until recently in the public papers and
Cy oOvig Of YORK. sL Russell Sage the defendant
july ssl vas iDioIsd that jury had indictment
oSsS bT which sS Indictment row on the e The Court appears
eh.d with The single Sasnss TAXING from EdT p Scott m
have Informed Of other indictment against am not
sbOEeT nOueJ lender BY profession occupation but am engaged
tls .' o. four Of the .,. T," s tT99or'soa
nd iIDotspt rSiosds As trustee for vsiou, railroad
companies and Their creditors to the extent q more
City ofEevYOrl where engaged in The construction Of Y
whole time and attentions was formerly in business as merchant
,i IN so TSbc % ~ an Alderman Of the Cty Of TROY as
% tS. cstv ~ Rsbsselasr and A. Reprutsve Ia Coo.
Ersss district which had usually selected
notwithstanding psIess IN business ne n public NE a. Aior
Jog Indictment that such facts therein stated eOnst
taed criminal sdemenoI and 10 The transaction with MI sent
the said loan Ar Scott Pyssf eHun bis honor and
law rod not lead recovering part Of ths ',ms but
PR 8 'ssr say s s 0s ea5n gs12 smey b me-
via Prank BaSg but learned that said counsel had len
bis oses 'r upon journey to d.sli part Of I state aSsa
Ing what was charged WITH vas wiling and sEPsete 70 pad guilty
not to PLEAD guilty At time during my eo16sel but
egSa f9shs. Tefssion within very few asys 'gaa presented
counsel and voluntarily changed plea Of Not guilty 70 that Of
any eIpeBss trouble avoid further
ioSS Il ssid iadeinsnt s6d g lar as NOV other
s,IE hae ees1 sga I o. d1 's3 1'i H6 Ss @
chance eOgovs qne,ios Or d'poys be sP a5l an So
ny presence been charged with oOmhu
sSy ds.s ~ ts have pleaded % bafr
or a-tT.S sSsSs me IN ny prssaee
.d ai IN pleading E' S nos intend 70 ps0 EV 70 ny sag
further @ ny soaSs '0ns n1ssS l Of T 1s
few dly during which time not able see him until after the
ready sBd Wiling Judgment Of the Court said ade
nat and plea bot ~ to las tine ws . pr SD ~"
matter the subject Of ny sentence esd been 70 or
ubppaTsd meet charges tending . .Egayae TIE sen
S1S5HsS intending submit ieh alsass :. q. court should
pronounce on The ndeunt 9o plea Sno my sa counsel Wa 'ne
flI VII, h i'm On ,ts ' , l4 day .p Of "a. A9E's 5 '5 Of
hoy been any party or bad any interest ~ or ass 1nGSsy
or legal eBders and form been parry
combination % oct prevent the circulation money hai
Der information wholly and do
Of such information The grounds which
s .ssss 81 sny iosing up Of money further sy
private and public character and position are g yaned By me
have uuiOuBasd charges made agsus and made public
throughout the country without nonee y me- DA >, M tnoS ne
party PANIED said Indictment the borrower has mace DO COMPLAINT
hardship him be H. As believe MAJ Wealthy lnd
and that have repaid 70 the said
entire charged said indictment 70 have been
pt Of The SAID sum Of s73O pTsy from
repayment had pleaded the bar Of sentence
s~Ss to before me day August 1863, VIZ B. NASSAU
notary Public go, . =,
cation 10 make In behalf Of his client, George b. Watts
He read an affidavit OF the latter denying that he had
conducted himself IN dehant manner Wne1 arIeste9i
that he was conscious OF violating any law at the
time the Oense committed The counsel asked that
mart OF the oral sentence committing his client 20 prison
Sc revoked These men, he said, have pleaded guilty OF
and maid the fine for ofense that obsolete that
nearly all business have forgotten It's existence
They have been injured 10 name ana properly 10y these
proceedings and have already been sufficiently pun
ished. Mr. Bangs said that Mr. Sage, when arraigned
for sentence, had offered nothing IN mitigation
statements IN their own exOneratton His Honor was
therefore left to suppose that in his case no oreum
stances of mitigation existed and the comparative sever
ity his sentence seemed % He HOnOrs mind SO per
feetly justified, that, perhaps Mr. Sage himself the
matter stood could not complain Of the discrimDa
t0n But the aidavits read by others had in the es
NATION OF the Court reduced grade Of Oense and
penalty and II Is submitted that after the reading
OF Mr. Sages adavit, reason Tor discrimination
supposed erimnay Of purpose, which. in the view Of
court called for seyeter penalty than fine After
further observations by Mr. Garvn the Judge took
the papers and reserved his decision.
THE FENIAN FUNDS.
rpbo matter Of Railev act O'MahoDev eft nj