The New York herald., 1869-02-17
COURT or OYER AND TeaMNcU.
The Shandiey Observation-Disclosures linz
prisoned tor Life-A Robber Sent Up foi
Five Ycnrs.
Before Judge Barnard.

prisoned tor Life-A Robber Sent Up for
Five Years.
Before Judge Barnard.
The People &C., gs. WiHians McC,ttc7te0n.--The
prisoner MsCutcheon, was indicted for murder in
the first degree, for having In January last taken the
life OF lad named James Shandley, by stabbing him
with penknlfe. at a brewery in Third avenue near
Twenty-ninth street. Upon the opening Of this court
yesterday morning he filed plea OF guilty Of murder
in the secona degree, which was accepted and he
was then arralgned for sentence, on motion Of Dis
trict Attorney Garyin.
HIS counsel, W. $. Yard, moved for postpone
ent OF sentence by the Court and urged thar there
sas no urgent necessity for judgment beng passed
against his client at this time.
Judge Barnard overruled the application, and In
pronouncing Judgment said he could see no neces-
sity granting p0stponement OF this sentence.
In conjunction with the District Attorney aud Mayor
Hall the Court had examined the evidence In the
case, and Its own opinion that 1t was case Of
murder; but that jury would not DC able to find
verdict acans hcCm.caeon lor higher ts no crime taan
District Attorney and Mayor Hall conceded. There
might have been y want OF preneditated intent on
why the District Attorney accepted the plea
OF guilty OF murder In the second degree.
deceased 70 treat" and shandIey told him
he had no money. Prisoner t;ien. stabbed
and killed him, and therefore the Court
to say tnat the present state Of feeling OF society
aud the community had not the slightest influence
ON the judgment to he pronounced The Court was
placed here solely TO do his duty as public ofncsr,
which he had never vet in any Instance failed TO DO
when prisoners had been brought before him. Look
Ing af the enormity Of this offence and for the pnr
pose of preventing such offences in the future, the
Court would now order that the prisoner, William
McCutcheon. be Imprisoned IN the State Prison. at
hard labor. for the period OF his natural life.
Thomas j. Donohue was then tried upon an IN
dictment for robbery and found guilty. The Court
sentenced him to Imprisonment for period OF i've
years IN the state Prison.
Philip Reilly was next arragneo upon an lndici-
mcnt for robbery, and tried Tie evidence developed
that the prisoner In October last at the solicitation
OF two persons who had lot OF trunks and boxes
wagon, obtained storage at O paint shop In Forty
fifth street for the properly. Reilly was employed
on the premises and took tie men TO the shop and
helped TO unload the wagon. rhe boxes and trunks
were marked IF. Ball, No. West Forty-second
street and the owner OF the premises In whose en-
ploy Reilly was, gave information to Mr. Bali that
fhe property was unaccountaby in hts 1.-THE owner's)
premises. rhe boxes contained principally silver
plated ware and clothing, and had but recently ar
rive In the city from suburban town. The prisoner
was unable 10 read write. The jury, after brief
deiiberation, rendered verdict Of not guilty, and
Reilly was discharged. After opening the case for
the prisoner his counsel, Mr.. A. II. Reayy, moved
that the prisoner be permitted TO testify In his own
beh alf. but the Court denied the motion.
The court then adjourned until ten O'Clock this
morning. no other cases being ready Tor trial.
IN Court OF Oyer and Termner--Before George G..
Barnard Justice, February IL, 1sGa.The People vs..
Dous,o M8galdo, homicide.