The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-18
COURT Of Gyts Aap TEsMlge},


The Wall street Usury Cases-AppIications
for n Revocation Of the Sentences Of Rus.
sell Sage and George d. Watts-Amdavi,s
Presented and Decision Reserved.
Before Judge Cardozo.
The Court of Oyer and Terminer opened at eleven
O'Clock Yesterday morning, when MIR. Bangs who
appeared as counsel on behalf OF MIR. Russell Sage
id:-May please the Court in the case OF Russell
Sage have an application to make to your Honor,
founded upon the indictment and plea and also upon
an athdavit OF Mr.. Sage which / will read at the
proper time Before stating the application OF read
ing the afdavit however, desire to call the atten-
ton OF the Court several rules Of law partly pre-
scriped by statute and partly by judicial decisions
IN reference to which the affidavit and application
have been framed. BY the second Revised statutes,
page 1885, part title v, article l. section s. en-
acted as Observation-Disclosures Judgment upon any
conviction shall be rendered In any court 1t shall be
the duty Of the clerk thereof to enter such judgment
iuliy In his minutes, stating briefly the OFFENCE for
winch such conviction shall have been had, and the
court shall inspect such entries and conform them to
the facts" Now (Mr. Bangs continuedl it Is well
settled That court Of criminal jurisdiction may va.
cate modify Judgment at the same term al
which It is pronounced, and before the sheriff has
proceeded to execute it: Csee Miller Vs. Finkle,
stated In the words above used That case states it
as an old and well understood Iule. In King VS.
Price ct al 70 East. Reports 1927 the defendants had
been convicted OF perjury and sentenced TO impris
onment for one month and transported be.
yond the seas seven years. Afterwards az the
same term, the court vacated the Judgment (which
Lord marlborough observed might be done at any
sentence-namely. that each should nav twenty
pounds and be imprisoned IN Newgate SIX months
and be afterwards transported for six years. The
correctness or such practice was also recognized
by the Kings Bench In King Justices OF Lelces
tershire Mani selw 40 and has been acted
IND upon examining The minutes OF this court for
Inc 10Th inst. an entry that IN this case Judgment
fenced. This entry purports to show the judg.
ment OF the court. II Is the duty Of the court to In
Mr. sa age en rarf ana ne be on ae h nc
rectness. Mr.. Sage instructs TO say that, as he
understands me entry, II is erroneous. His under
for your judgment and then orally pronounced SEN
fence OF fine and imprisonment. SO much OF the
proceedings reached the public through the medium
of the press but what followed escaped attention
Mr.. Sage almost Immediately, aud before any entry
journment OF the court, with the concurrence Of the
District Attorney advised your Honor that the
sons assigned for Judgment embodied errors
OF TACT In relation TO himself and bis con-
duct and your Honor promptly and lenienty
yielding to the dictates Of Justice, directed
him leave TO be heard to-day. In doing the Court
pursued practice which has been sanctioned for
many years In this and other criminal courts. But
II sentence had been actually pronounced and your
Honor had revoked Ii and pronounced new one or
given the accused fresh opportunity to be heard
been transcendfhg your lawful power, as have al
ready shown; and If the sentence OF imprisonment
sonvmeu, ~ was sui mnhn your Hon0rs aWiul
power WITHOUT usurplng the functions OF any other
branch Of the government, TO stay execution, In |
order TO enable the accused 10 move for revocation
of the sentence. That privilege would nor |
In n nroner caae no refusad 10 ,ba ,oaao
at ava 49,. ,nnrt,1asa ,nar"Lau W 'ne heaL-
csu ano LIE. LIE. 'niess ihempef oi the COM
munily, sun Tess W0ulu IL De refused TO |
man whose established character, large property
the various honorable positions Ia winch he hoe |
been from time 70 time eevate1 nv tho vn,as Of lie
ye,iou cfIzans ,ons, ossnra ,to go. , W M
,eno" ViAehg, must aseure uie court OF ms readr
ess 10 receive and 5upnlt 10 lts lawlu1 judgment.
~ tue minutes OF the court are 10 be corrected
to show that sentence suspended then the am.
davits have will 20 In MITIGATION or bar OF sen
ocinou, ,ronnnroed tna nv r,iapp ~ a.
saenty ptououueeu, .lion ny appnoauon is eat we
sentence, so Iar as IL prescrpes imprisonment may
De revoked, ana IN support Oh either application
have afidavits. which Will read or hand up as the
Cont NAV direct and which make a different state
ri facts from that sunnosad no vnnr Honor m avia,
Thnr Saue arsaHv haan suhvy,;teS 70 TIC leaned
ustIict AttoTney ~ +. s fs '- =
District Attorney Garvin said that as far as the ap-
plcation was concerned he had no objection TO t.
and ae had nothing to saw Ia opposion fo the read
Inc Of the afIidav,t III Mr. Rnssel sage w w ~
nr Panga then yaad tho 2o1io v1Evo oraor,, ~,
p..asa,, ssne,o 'ASA AS"A WIG i0o"ins o"ua'h vi
nusSen Snke'-
On the 18th OF 18th day Of July last informed that the
Grand Jury had found Indictment against for viola
ton Of statute concerning the Of money by which
.sid indictmen now on the hles Of the court, appears
N a In inn n Q.l